“A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”
How later courts described this case
- “A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”
Written by the judges who cited it.
The opinion
Opinion issued February 2, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01103-CR
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CHARLES GUS SIDIROPOULOS, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 149th District Court
Brazoria County, Texas
Trial Court Case No. 74018
MEMORANDUM OPINION
Appellant, Charles Gus Sidiropoulos, Jr., pled guilty to the misdemeanor
offense of resisting arrest, search and transport. The trial court found appellant
guilty and, in accordance with the terms of appellant’s plea bargain agreement with
the State, sentenced appellant to 365 days in the Harris County Jail, with credit for
time served of 440 days. Appellant filed a pro se notice of appeal.
In a plea bargain case, a defendant may only appeal those matters that were
raised by written motion filed and ruled on before trial or after getting the trial
court’s permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West
2006); TEX. R. APP. P. 25.2(a)(2). An appeal must be dismissed if a certification
showing that the defendant has the right of appeal has not been made part of the
record. TEX. R. APP. P. 25.2(d).
Here, the trial court’s certification is included in the record on appeal. See id.
The trial court’s certification states that this is a plea bargain case and that the
defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The record
supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615
(Tex. Crim. App. 2005). Because appellant has no right of appeal, we must
dismiss this appeal. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App.
2006) (“A court of appeals, while having jurisdiction to ascertain whether an
appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must
dismiss a prohibited appeal without further action, regardless of the basis for the
appeal.”).
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any
pending motions as moot.
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PER CURIAM
Panel consists of Chief Justice Radack and Justices Massengale and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3