Bradley John Moore v. the State of Texas ( 2024 )

DISMISS and Opinion Filed February 23, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01155-CR
BRADLEY JOHN MOORE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-83497-2021
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Nowell, and Justice Kennedy
Opinion by Chief Justice Burns
Bradley John Moore appeals his conviction for two counts of indecency with
a child. In the trial court, appellant pleaded guilty pursuant to a plea bargain, and
the trial court sentenced him on each count to the agreed punishment of ten years’
imprisonment.
This Court does not have jurisdiction over an appeal from a conviction
resulting from a plea bargain unless the trial court grants permission to appeal, the
appeal is authorized by statute, or the appellant is appealing a written pretrial motion
that was ruled on before trial. See TEX. R. APP. P. 25.2(a); see also TEX. CODE CRIM.
PROC. ANN. art. 44.02. There are no such motions in the record, the trial court’s
certification of defendant’s right of appeal indicates the trial court did not grant
appellant permission to appeal, the certification states appellant waived the right of
appeal, and nothing in the record indicates this appeal is authorized by statute.
The plea agreement signed by appellant includes a provision stating, “With
the Court’s approval, the defendant herein states that he/she: . . . 12. Waives the right
to appeal to the Court of Appeals.” When an appellant waives his right to appeal as
part of his plea bargain agreement with the State, a subsequent notice of appeal filed
by him 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.
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Because the record establishes we lack jurisdiction over this appeal from a
plea-bargained conviction, we dismiss the appeal for want of jurisdiction.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
231155F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRADLEY JOHN MOORE, On Appeal from the 401st Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 401-83497-
No. 05-23-01155-CR V. 2021.
Opinion delivered by Chief Justice
THE STATE OF TEXAS, Appellee Burns. Justices Nowell and Kennedy
participating.
Based on the Court’s opinion of this date, the appeal is DISMISSED for
want of jurisdiction.
Judgment entered February 23, 2024.
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