John Clifton Wilbanks v. State

Opinion issued July 23, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00404-CR
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JOHN CLIFTON WILBANKS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Case No. 1576594
MEMORANDUM OPINION
Appellant, John Clifton Wilbanks, was indicted on the second-degree felony
offense of indecency with a child by contact.1 Pursuant to a plea bargain agreement
with the State, appellant pleaded guilty to the reduced third-degree felony offense of
1
TEX. PENAL CODE §§ 21.11(a)(1), (d).
indecency with a child by exposure,2 with an agreed punishment recommendation of
two years’ incarceration. The trial court accepted the plea agreement, found
appellant guilty, and assessed his punishment at two years’ incarceration. The trial
court certified that this case is a plea-bargain case and appellant has no right of
appeal. Appellant, acting pro se, filed a notice of appeal. We dismiss the appeal for
want of jurisdiction.
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). Dears v. State, 154 S.W.3d 610, 613
(Tex. Crim. App. 2005).
The trial court’s certification is included in the record on appeal. The trial
court’s certification states that this is a plea-bargain case and that appellant has no
right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d); Dears, 154 S.W.3d at 615. The
record supports the trial court’s certification. See Dears, 154 S.W.3d at 615. 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
2
Id. §§ 21.11(a)(2), (d).
2
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 this appeal for want of jurisdiction. See TEX. R. APP.
P. 43.2(f). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Lloyd, Landau, and Countiss.
Do not publish. TEX. R. APP. P. 47.2(b).
3