Fredrick Damon Spencer v. State ( 2014 )

Opinion issued January 7, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00473-CR
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FREDERICK DAMON SPENCER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Cause No. 1355131
MEMORANDUM OPINION
Appellant, Frederick Damon Spencer, pleaded guilty to third degree
possession of a controlled substance, namely phencyclidine, weighing from 1 gram
to 4 grams.1 The trial court found appellant guilty and, in accordance with the
terms of appellant’s plea agreement with the State, sentenced appellant to
confinement for two years. Appellant has filed a pro se notice of appeal. We
dismiss the appeal.
In a plea-bargained case, a defendant may only appeal those matters that
were raised by written motion filed and ruled on before trial or after obtaining 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-bargained case and 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
1
See TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2013).
2
dismiss a prohibited appeal without further action, regardless of the basis for the
appeal.”).
Accordingly, we dismiss this appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Sharp and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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