Anthony Joseph Williams Jr. v. State

Opinion issued August 27, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00292-CR
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ANTHONY JOSEPH WILLIAMS JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Case No. 1579573
MEMORANDUM OPINION
Appellant, Anthony Joseph Williams, Jr., pleaded guilty to the felony offense
of evading arrest or detention with a vehicle. TEX. PENAL CODE § 38.04(a), (b)(2).
In accordance with the terms of a plea-bargain agreement, the trial court signed a
judgment of conviction imposing a sentence of ten years in the Institutional Division
of the Texas Department of Criminal Justice. Williams filed a notice of 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. CODE CRIM. PROC. art. 44.02; 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
defendant 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 Williams 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. We dismiss any pending motions as
moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
Do not publish. TEX. R. APP. P. 47.2(b).
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