Marcus Robinson v. State ( 2019 )

Opinion issued April 2, 2019
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-18-01076-CR
———————————
MARCUS ROBINSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Case No. 1578086
MEMORANDUM OPINION
Appellant, Marcus Robinson, pleaded guilty to the felony offense of
aggravated assault with a deadly weapon.1 The trial court found appellant guilty,
1
See TEX. PENAL CODE § 22.02.
and, in accordance with the terms of appellant’s plea bargain agreement with the
State, sentenced appellant to twelve 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; 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 Goodman and Countiss.
Do not publish. TEX. R. APP. P. 47.2(b).
3