Geronimo Jacquez v. State ( 2006 )

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GERONIMO JACQUEZ,                                     )

                                                                              )     No.  08-06-00212-CR

Appellant,                          )

                                                                              )                    Appeal from the

v.                                                                           )

                                                                              )     384th District Court

THE STATE OF TEXAS,                                     )

                                                                              )     of El Paso County, Texas

Appellee.                           )

                                                                              )     (TC# 20060D02706)

                                                                              )

MEMORANDUM  OPINION

Appellant Geronimo Jacquez attempts to appeal from his conviction for possession with intent to deliver a controlled substance. Appellant waived his right to a jury trial and entered a negotiated plea of guilty.  In accordance with the plea bargain, the trial court assessed punishment at 10 years confinement in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed his notice of appeal on July 31, 2006.

Appellant=s notice of appeal did not include a signed and dated Rule 25.2(a)(2) trial certification form.  On August 4, 2006, Appellant was notified that the trial court=s certification had not been filed, and he was given thirty days to file a copy of the certification.  See  Tex.R.App.P. 25.2(d).  Subsequently, the trial court=s certification was made a part of the record.  The certification stated this A[i]s a plea bargain case, and the Defendant has NO right of appeal.@  On September 7, 2006, this Court=s clerk sent notice to Appellant=s counsel indicating that it appeared the appeal should be dismissed and requesting counsel to address whether Appellant had a right of appeal.  As of the date of this opinion, no response has been received.

In a case where a defendant pleads guilty and the punishment does not exceed that recommended by the prosecutor and agreed to by the defendant, a defendant may only appeal those matters raised by written motion and ruled on before trial or after getting the trial court=s permission.  See Tex.R.App.P. 25.2(a)(2).  Here, the trial court=s certification indicates Appellant has no right of appeal.  Accordingly, this appeal is dismissed for want of jurisdiction.

October 5, 2006

DAVID WELLINGTON CHEW, Justice

Before McClure, J., Chew, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.)(Sitting by Assignment)

(Do Not Publish)