Steven Andrue Acuna v. State ( 2017 )

Opinion issued May 16, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00220-CR
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STEVEN ANDRUE ACUNA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1536202
MEMORANDUM OPINION
Appellant, Steven Andrue Acuna, pleaded guilty to the reduced class A
misdemeanor assault charge, with an agreed punishment recommendation of sixty
days in county jail.1 In exchange for appellant’s plea, the State had agreed to reduce
1
See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(1) (West 2013).
the charge from the third-degree felony offense of assault—bodily injury of a public
servant to class A misdemeanor assault.2 In accordance with his plea bargain with
the State, the trial court found appellant guilty and assessed his punishment at sixty
days’ confinement in county jail. The trial court certified that this was a plea-bargain
case and that appellant had no right of appeal, but appellant timely appealed.3 See
TEX. R. APP. P. 25.2(a)(2), 26.2(a). The trial court appointed counsel for appellant,
who filed a notice in this Court stating that we lack jurisdiction. We dismiss this
appeal for want of jurisdiction.
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 1977); 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 clerk’s record and states
that this is a plea-bargain case and that appellant has no right of appeal. See TEX. R.
APP. P. 25.2(a)(2), (d); Dears, 154 S.W.3d at 615. The record confirms that
2
See TEX. PENAL CODE ANN. § 12.21(2) (West 1994).
3
Appellant’s notice of appeal from trial court cause number 1525069 has been
assigned to appellate cause number 01-17-00219-CR.
2
appellant pleaded guilty to the reduced class A misdemeanor assault charge and,
thus, supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615
(Tex. Crim. App. 2005); Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App.
2003) (noting that agreement to plead guilty in exchange for State’s reduction of
charge is plea bargain under Rule 25.2(a)(2)). 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).
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP.
P. 43.2(f).
PER CURIAM
Panel consists of Justices Higley, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3