James Reed v. State ( 2012 )

Opinion issued December 20, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00281-CR
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JAMES REED, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 176th District Court
Harris County, Texas
Trial Court Cause No. 1335510
MEMORANDUM OPINION
Appellant, James Reed, pleaded guilty to the offense of failing to register as
a sex offender and pleaded “true” to a felony enhancement. The trial court found
appellant guilty, found the enhancement true, and, in accordance with the terms of
appellant’s plea agreement with the State, sentenced appellant to confinement for
10 years. The trial court certified that this is a plea-bargain case and that appellant
does not have the right of appeal. Appellant, proceeding pro se, filed a notice of
appeal. We dismiss the appeal for lack of jurisdiction.
In a plea-bargain case, a defendant may appeal only 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. 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).
The trial court’s certification states that this is a plea-bargain case and that
appellant does not have the right of appeal. See TEX. R. APP. P. 25.2(a)(2). The
trial court did not rule adversely to appellant on any matters raised by written
motion and ruled on before trial, and the trial court did not give permission for
appellant to appeal. See id. The record supports the trial court’s certification. See
Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because appellant
does not have the right to appeal, we must dismiss his 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.”).
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Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R.
APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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