Jose Martinez-Castillo v. State ( 2012 )


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  • Opinion issued August 2, 2012
    In The
    Court of Appeals
    For The
    First District of Texas
    NO. 01-12-00304-CR
    ____________
    JOSE MARTINEZ-CASTILLO, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 209th District Court
    Harris County, Texas
    Trial Court Cause No. 1321282
    MEMORANDUM OPINION
    Appellant, Jose Martinez-Castillo, pleaded guilty to the felony offense of
    evading arrest. 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 in the Institutional Division of the Texas Department of
    Criminal Justice. Appellant has 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. 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
    appellant 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 all
    pending motions as moot.
    PER CURIAM
    Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
    2
    Do not publish. TEX. R. APP. P. 47.2(b).
    3
    

Document Info

Docket Number: 01-12-00304-CR

Filed Date: 8/2/2012

Precedential Status: Precedential

Modified Date: 10/16/2015