James Anibal Romero v. State ( 2016 )

Opinion issued August 23, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00354-CR
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JAMES ANIBAL ROMERO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Case No. 1442777
MEMORANDUM OPINION
Appellant, James Anibal Romero, pleaded guilty to the felony offense of
aggravated sexual assault of a child.1 The trial court found appellant guilty and, in
1
See TEX. PENAL CODE ANN. § 22.021(a) (West 2011).
accordance with the terms of appellant’s plea bargain agreement with the State,
sentenced appellant to 30 years in prison. Appellant filed a pro se notice of appeal.
We dismiss the 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.
2
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
3