COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-278-CR
CELINDA ANN LEWIS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY COURT AT LAW NO. 2 OF PARKER COUNTY
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MEMORANDUM OPINION 1
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On April 21, 2008, Appellant Celinda Ann Lewis pleaded guilty to assault-
bodily injury to a family member. Pursuant to a plea bargain agreement, Lewis
was sentenced to 365 days’ confinement in the Parker County Jail and ordered
to pay a $500 fine. The trial court suspended imposition of the jail portion of
the sentence and placed Lewis on twelve months’ community supervision. On
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… See Tex. R. App. P. 47.4.
that same day, the trial court entered its certification of Lewis’s right to appeal
in accordance with rule 25.2(a)(2). See Tex. R. App. P. 25.2(a)(2). The
certification states that this “is a plea-bargain case, and the defendant has NO
right of appeal.”
Lewis filed a notice of appeal on August 1, 2008. We notified Lewis’s
attorney on August 13, 2008, that the certification indicating that Lewis had
no right to appeal had been filed in this court and that this appeal would be
dismissed unless Lewis or any party desiring to continue the appeal filed a
response on or before August 25, 2008, showing grounds for continuing the
appeal. See Tex. R. App. P. 25.2(d), 44.3. Lewis filed a response on August
28, 2008, indicating that she is attempting to appeal her claimed denial of
counsel and involuntary plea.2
Rule 25.2(a)(2) limits the right to appeal in a plea bargain case to those
matters that were raised by written motion filed and ruled on before trial or to
those cases in which the appellant obtained the trial court’s permission to
appeal. See Tex. R. App. P. 25.2(a)(2)(A), (B). Although Lewis filed a
response, she has not indicated that either of these exceptions apply in this
case. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A
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… The State concedes that Lewis’s response was timely filed.
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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.
Here, appellant had no right of appeal because he was sentenced pursuant to
the agreed terms of a plea bargain and did not satisfy either of the exceptions
stated in Rule 25.2(a)(2).”).
Therefore, in accordance with the trial court’s certification that this is a
plea-bargain case and that Lewis has no right to appeal, we dismiss this appeal
“without further action.” See Tex. R. App. P. 25.2(a)(2), 43.2(f); Chavez, 183
S.W.3d at 680.
PER CURIAM
PANEL: HOLMAN, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: September 25, 2008
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