William Barron Moore, II v. State ( 2012 )

Opinion issued June 14, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-12-00201-CR

____________

WILLIAM BARRON MOORE, II, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1311402

MEMORANDUM OPINION

          Appellant, William Barron Moore, II, pleaded guilty to the felony offense of unlawful access to stored communications[1] and pleaded true to the allegations in two state-jail felony enhancement paragraphs.[2]  The trial court found appellant guilty, found the enhancements true, and, in accordance with the terms of appellant’s plea agreement with the State, sentenced appellant to confinement for seven 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-bargained 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-bargained 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 Justices Bland, Massengale, and Brown.

Do not publish. Tex. R. App. P. 47.2(b).

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[1]               See Tex. Penal Code Ann. § 16.04(b)(1), (d) (West 2011).

[2]           See Act of May 29, 1995, 74th Leg., R.S., ch. 318, § 1, 1995 Tex. Gen. Laws 2734, 2734-35, amended by Act of May 25, 2011, 82nd Leg., R.S., ch. 834, § 5, 2011 Tex. Gen. Laws 2104, 2104-05 (current version at Tex. Penal Code Ann. § 12.425(a) (West Supp. 2011)).