Steve Wayne Silas v. State

DISMISS; and Opinion Filed January 29, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01479-CR
STEVE WAYNE SILAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-81379-2017
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Lang-Miers
Steve Wayne Silas filed his pro se notice of appeal on December 27, 2017. We abated for
a hearing in the trial court. After reviewing the documents on file and the trial court’s findings of
fact, we dismiss this appeal for want of jurisdiction.
Rule 25.2(a)(2) provides that in a plea-bargained case in which the trial court assesses a
punishment that does not exceed the punishment to which the defendant agreed, the defendant may
appeal only those matters 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). If an appellant has no right
to appeal, we must dismiss the appeal without further action. See Chavez v. State, 183 S.W.3d
675, 680 (Tex. Crim. App. 2006).
As noted, we abated the appeal for a hearing to determine whether appellant was entitled
to court-appointed counsel. We also requested a copy of the trial court’s certification of appellant’s
right to appeal. After receiving the findings and the reporter’s record from the hearing, we adopted
the trial court’s findings that (1) appellant had appointed counsel for the hearing, (2) he entered
into a plea agreement with the State in which he waived his right to appeal, (3) there were no
pretrial written motions ruled on prior to trial, (4) the trial court did not give permission to appeal,
and (5) appellant admitted at the hearing he knew he did not have a right to appeal. In light of this,
we conclude we must dismiss this appeal without further action. See id.
We dismiss this appeal for want of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
171479F.U05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
STEVE WAYNE SILAS, Appellant On Appeal from the 416th Judicial District
Court, Collin County, Texas
No. 05-17-01479-CR V. Trial Court Cause No. 416-81379-2017.
Opinion delivered by Justice Lang-Miers,
THE STATE OF TEXAS, Appellee Justices Fillmore and Stoddart participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 29th day of January, 2018.
–3–