Eric Douglas Shaw v. State

Opinion issued May 9, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00132-CR
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ERIC DOUGLAS SHAW, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Cause No. 1365799
MEMORANDUM OPINION
Appellant, Eric Douglas Shaw, pleaded guilty to the state-jail felony offense
of forgery1 and pleaded true to the allegations in two felony enhancement
1
See TEX. PENAL CODE ANN. § 32.21(b), (d) (West 2011).
paragraphs.2 The trial court found appellant guilty, found the enhancements true,
and, in accordance with the terms of appellant’s plea agreement with the State,
sentenced appellant to confinement for two years. Appellant has filed a pro se
notice of appeal. We dismiss the appeal.
In a plea-bargained case, a defendant may only appeal those matters that
were raised by written motion filed and ruled on before trial or after obtaining the
trial court’s permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West
2006); 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-bargained case and 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
2
See TEX. PENAL CODE ANN. § 12.425(b) (West Supp. 2012).
2
dismiss a prohibited appeal without further action, regardless of the basis for the
appeal.”).
Accordingly, we dismiss this appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
3