Ezequiel Aguirre v. State

Opinion issued February 21, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00988-CR
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EZEQUIEL AGUIRRE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Case No. 1580422
MEMORANDUM OPINION
Appellant, Ezequiel Aguirre, pleaded guilty to the felony offense of
aggravated sexual assault of a child,1 reduced from the felony offense of continuous
1
See TEX. PENAL CODE ANN. § 22.021(a)(1)(B), (a)(2)(B), (e).
sexual abuse of a child,2 with an agreed punishment recommendation of confinement
for thirty years. The trial court accepted the plea agreement, found appellant guilty,
and assessed his punishment at confinement for thirty years. The trial court certified
that this case is a plea-bargained case and appellant has no right of appeal. Appellant
timely filed a pro se notice of appeal.
We dismiss the appeal.
In a plea-bargained case, a defendant may appeal only those matters that were
raised by written motion and ruled on before trial or after obtaining the trial court’s
permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02; TEX. R. APP. P.
25.2(a)(2). Here, the record does not reflect the trial court’s permission to appeal or
any pretrial motions that could be appealed. The trial court’s certification is included
in the record and states that the case is a plea-bargained case and appellant 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
2
See id. § 21.02(a), (b), (h).
2
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. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Goodman and Countiss.
Do not publish. TEX. R. APP. P. 47.2(b).
3