in Re Karen K. Silvio ( 2012 )

Opinion issued June 28, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00348-CR
____________
GERMAN JESSE PENA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Cause No. 1320749
MEMORANDUM OPINION
Appellant, German Jesse Pena, pleaded guilty to the felony offense of
aggravated assault. 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.
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Do not publish. TEX. R. APP. P. 47.2(b).
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