Brandon Marquice Wilson v. State ( 2012 )

Opinion issued November 8, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00973-CR
____________
BRANDON MARQUICE WILSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Cause No. 1252255
MEMORANDUM OPINION
Appellant, Brandon Marquice Wilson, pleaded guilty to the felony offense of
burglary of a habitation and committing or attempting to commit a felony. See TEX.
PENAL CODE ANN. § 30.02(a)(3) (West 2011). The trial court found appellant
guilty, and, in accordance with the terms of appellant’s plea agreement with the
State, sentenced appellant to 20 years’ confinement. Appellant filed a pro se notice
of appeal. We dismiss the appeal.
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).
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). Appellant did not
appeal any pre-trial matters, and the trial court did not give permission for appellant
to appeal. In his notice of appeal, appellant indicates that he wishes to challenge the
voluntariness of his plea. When, as here, a defendant waives his right of appeal as
part of an agreement on sentencing and the agreement is followed by the trial court,
his waiver is made knowingly, intelligently, and voluntarily, and he may not appeal
any matters unless the trial court first grants permission. Ex parte Delaney, 207
S.W.3d 794, 798–99 (Tex. Crim. App. 2006); Cooper v. State, 45 S.W.3d 77, 81
(Tex. Crim. App. 2001). The record supports the trial court’s certification. See
Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
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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. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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