Joe Aguirre v. the State of Texas ( 2024 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
JOE AGUIRRE, § No. 08-24-00108-CR
Appellant, § Appeal from the
v. § 466th District Court
THE STATE OF TEXAS, § of Comal County, Texas
Appellee. § (TC# CR2017-339E)
MEMORANDUM OPINION
Joe Aguirre is attempting to appeal his conviction for 11 counts of possession with intent
to promote child pornography.1 Because Aguirre does not have the right to appeal his conviction,
we dismiss for lack of jurisdiction.
Texas Rule of Appellate Procedure 25.2(a)(2) requires a trial court to enter its certification
of a defendant’s right of appeal each time it enters a judgment of guilt or other appealable order.
Tex. R. App. P. 25.2(a)(2). The record before us supports the trial court’s certification that
Appellant does not have the right to appeal his judgment and sentence; Appellant waived his right
to a jury trial and entered a negotiated guilty plea. In a plea-bargain case such as this, a defendant
1
This case was transferred from the Third Court of Appeals pursuant to a Supreme Court of Texas docket equalization
order. See Tex. Gov’t Code Ann. § 73.001. We follow the precedent of the Third Court of Appeals to the extent it
might conflict with our own. See Tex. R. App. P. 41.3.
may only appeal matters raised by written motion and ruled on before trial, or after acquiring the
trial court’s permission to appeal. Tedford v. State, No. 08-21-00003-CR, 2021 WL 717603, at *1
(Tex. App.—El Paso Feb. 24, 2021, no pet.) (mem. op., not designated for publication). The record
before us does not indicate that Appellant is attempting to appeal any pretrial motions ruled upon
by the trial court. Nor does it reflect that Aguirre obtained the trial court’s permission to appeal
any issues. As such, we lack jurisdiction over this appeal. Id.Accordingly, we dismiss this appeal for lack of jurisdiction.
LISA J. SOTO, Justice
May 24, 2024
Before Palafox and Soto, JJ., and Barajas, C.J., (Ret.)
Barajas, C.J., (Ret.), (sitting by assignment)
Palafox, J., concurring
2