Charles Joseph Burgeois AKA Charles J. Gilliam v. State ( 2012 )

Opinion issued September 20, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00427-CR
NO. 01-12-00428-CR
____________
CHARLES JOSEPH BURGEOIS a/k/a CHARLES JOSEPH GILLIAM,
Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court
Harris County, Texas
Trial Court Cause Nos. 1314757 & 1314758
MEMORANDUM OPINION
Appellant, Charles Joseph Burgeois a/k/a Charles Joseph Gilliam, pleaded
guilty to the offense of felony criminal mischief and pleaded “true” to the
allegations in two felony enhancement paragraphs. Appellant also pleaded guilty to
assault of a victim with whom the appellant had a dating relationship, a felony
offense. The trial court found appellant guilty of both offenses, found the
enhancements to the first offense true, and, in accordance with the terms of
appellant’s plea agreements with the State, sentenced appellant to confinement for
two years in the Institutional Division of the Texas Department of Criminal Justice.
Appellant filed a pro se notice of appeal from the two convictions. We dismiss the
appeals.
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). The voluntariness of a
guilty plea may not be raised on appeal from plea-bargained felony conviction
absent permission of the trial court. See Cooper v. State, 45 S.W.3d 77, 81 (Tex.
Crim. App. 2001). 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 certifications are included in the records on appeal. See
id. The trial court’s certifications state that these are plea bargain cases and that the
defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant did not
appeal any pre-trial matters, and the trial court did not give permission for appellant
to appeal. The record supports the trial court’s certifications. See Dears v. State,
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154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because appellant has no right of
appeal, we must dismiss these appeals. 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 these appeals for want of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Chief Justices Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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