Kyle Jackson v. State

Opinion issued September 27, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00253-CR
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KYLE JACKSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 3
Harris County, Texas
Trial Court Case No. 2075847
MEMORANDUM OPINION
Appellant, Kyle Jackson, pleaded guilty to the misdemeanor offense of assault
of a family member. The trial court found appellant guilty and, in accordance with
the terms of appellant’s plea bargain agreement with the State, sentenced appellant
to 355 days’ incarceration in county jail with 2 days credit. Appellant filed a pro se
notice of appeal. We dismiss the 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. See 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. See TEX. R. APP. P. 25.2(d).
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 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.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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