Jose Angel Huerta v. State ( 2013 )

Opinion issued February 26, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00288-CR
NO. 01-12-00289-CR
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JOSE ANGEL HUERTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court
Harris County, Texas
Trial Court Cause Nos. 1315496 and 1315497
MEMORANDUM OPINION
In each of trial court cause numbers 1315496 and 1315497, appellant, Jose
Angel Huerta, pleaded guilty to the offense of aggravated sexual assault of a child,
pursuant to an agreed recommendation from the State as to punishment. In each
cause number, the trial court found appellant guilty and, in accordance with
appellant’s plea agreement with the State, sentenced appellant to confinement for
16 years, with the sentences to run concurrently. Appellant, proceeding pro se,
filed a notice of appeal in each cause. We dismiss the appeals for want of
jurisdiction.
In a plea-bargain case, a defendant may appeal only 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. 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).
The clerk’s record filed in each appeal reflects that the trial court certified
that the case below is a plea-bargain case and that appellant has no right of appeal.
See TEX. R. APP. P. 25.2(a)(2). The clerk’s record in each case supports the trial
court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App.
2005). Further, in each case, the record does not include any pretrial written
motions filed by the defense on which the trial court ruled adversely to the defense,
and appellant did not get the trial court’s permission to appeal. See TEX. R. APP. P.
25.2(a)(2); Barcenas v. State, 137 S.W.3d 865, 866 (Tex. App.—Houston [1st
Dist.] 2004, no pet.).
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Because appellant has no right of appeal, we must dismiss the appeals. 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 appeals for want of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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