Joe Everett Foster, Jr. v. State

Opinion issued May 12, 2011

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00564-CR

____________

JOE EVERETT FOSTER, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 1177846

MEMORANDUM OPINION

          Appellant, Joe Everett Foster, Jr., pleaded guilty to the offense of aggravated robbery with a deadly weapon, without an agreed recommendation by the State as to sentencing.  The trial court found appellant guilty, and sentenced appellant to 15 years’ confinement.  Appellant filed a pro se notice of appeal.  We dismiss the appeal.

In a plea bargain case, a defendant may appeal only 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. 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(a)(2)(d).

Here, the trial court’s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d).  The trial court’s certification states that the defendant has waived the right of appeal.  See Tex. R. App. P. 25.2(a)(2).  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.  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Brown.

Do not publish. Tex. R. App. P. 47.2(b).