Jibri Caleb Coleman v. the State of Texas ( 2024 )

DISMISS and Opinion Filed February 29, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01113-CR
JIBRI CALEB COLEMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F22-76038
MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Smith
Opinion by Justice Partida-Kipness
Jibri Caleb Coleman appeals his conviction for murder. Appellant pleaded
guilty before the trial court pursuant to a plea bargain, and the trial court followed
the plea bargain and sentenced appellant to seventeen years’ imprisonment. We
conclude we lack jurisdiction over this appeal, and we dismiss the appeal.
On November 1, 2023, appellant signed a plea agreement stating he would
plead guilty to the charged offense of murder and be sentenced to a “Term of
Confinement in penitentiary for 17 years” with an affirmative finding that he “used
or exhibited a deadly weapon, to-wit: Firearm.” The trial court’s written
admonitions to appellant included, “If the punishment assessed does not exceed the
agreement between you and the prosecutor, the Court must give its permission to
you before you may appeal on any matter in this case except for those matters raised
by written motions prior to trial.” The plea agreement also included written waivers
of appellant’s rights, including: “With the Court’s approval, the defendant herein
states that he/she: 11. Waives the right to appeal to the Court of Appeals.”
During the plea hearing, the trial court told appellant, “Your lawyer has
explained to you I have followed this plea agreement and you have no rights to
appeal? You understand that?”; and appellant answered, “Yes.” The trial court’s
certification of defendant’s right of appeal states, “I certify that this criminal case:
is a plea bargain case, and the defendant has NO right of appeal; the defendant has
waived the right of appeal.”
A defendant in a criminal case has the right of appeal as set out in the Code
of Criminal Procedure and the Rules of Appellate Procedure. See TEX. CODE CRIM.
PROC. art. 44.02; TEX. R. APP. P. 25.2(a). Rule 25.2(a)(2) provides the following
related to appeal rights in plea bargain cases:
In a plea bargain case—that is, a case in which a defendant’s plea was
guilty or nolo contendere and the punishment did not exceed the
punishment recommended by the prosecutor and agreed to by the
defendant—a defendant may appeal only:
(A) those matters that were raised by written motion filed
and ruled on before trial,
(B) after getting the trial court’s permission to appeal, or
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(C) where the specific appeal is expressly authorized by
statute.
TEX. R. APP. P. 25.2(a)(2)(A)–(C). When an appellant waives the right to appeal as
part of a plea bargain agreement with the State, a subsequent notice of appeal fails
to “initiate the appellate process,” Lundgren v. State, 434 S.W.3d 594, 599, 600
(Tex. Crim. App. 2014), and “no inquiry into even possibly meritorious claims may
be made.” Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). When an
appeal from a plea bargain is not authorized by Rule 25.2, “[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.” Chavez, 183 S.W.3d at 680.
In this case, the record shows appellant and the State agreed appellant would
plead guilty in exchange for a specific recommended punishment. The documents
appellant signed admonished appellant he would have no right of appeal if the trial
court followed the punishment recommendation except for matters raised by written
motion and ruled on before trial or if the trial court granted appellant permission to
appeal. The clerk’s record does not contain any motion ruled on before trial, and the
certification of appellant’s right of appeal shows the trial court did not grant
appellant permission to appeal. Therefore, under Rule 25.2(a), appellant has no right
of appeal. See Chavez, 183 S.W.3d at 680.
Rule 25.2(d) also requires the court of appeals to dismiss the appeal if there is
no certification from the trial court showing the defendant has the right of appeal.
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TEX. R. APP. P. 25.2(d). Here, the certification affirmatively shows appellant did not
have the right to appeal, and the certification is supported by the record. Therefore,
we must dismiss the appeal. Id.; see Dears v. State, 154 S.W.3d 610, 613 (Tex.
Crim. App. 2005).
We requested letter briefs from appellant and the State addressing the
jurisdictional issue. Appellant’s counsel filed a letter brief analyzing the record, the
statutes, and the case law governing this case, and counsel concluded, “In light of
the record and the law applicable to the appeal of a plea bargain agreement, it does
not appear that Appellant has a right of appeal in this case.”
We conclude we lack jurisdiction over this appeal because the appeal is from
a plea-bargained conviction from which appellant does not have the right of appeal
and because appellant waived the right of appeal. Accordingly, we dismiss this
appeal for want of jurisdiction.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
231113F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JIBRI CALEB COLEMAN, On Appeal from the Criminal District
Appellant Court No. 7, Dallas County, Texas
Trial Court Cause No. F22-76038.
No. 05-23-01113-CR V. Opinion delivered by Justice Partida-
Kipness. Justices Nowell and Smith
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the appeal is DISMISSED for
want of jurisdiction.
Judgment entered February 29, 2024
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