Opinion issued March 10, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00771-CR
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DASHONN LEONARDO DAVIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Case No. 1431248
MEMORANDUM OPINION
Pursuant to an agreement with the State, appellant, Dashonn Leonardo
Davis, pleaded guilty to the offense of violation of a protective order.1 The trial
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See TEX. PENAL CODE ANN. § 25.07(a) (West Supp. 2014).
court accepted the plea agreement, assessed appellant’s punishment at confinement
for three years, and certified that this is a plea-bargained case and he has no right
of appeal. Appellant 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 (West 2006);
TEX. R. APP. P. 25.2(a)(2); see also Griffin v. State, 145 S.W.3d 645, 645–49 (Tex.
Crim. App. 2004) (concluding neither article 44.02 nor rule 25(a)(2) expressly or
impliedly make exception for appeals of jurisdictional issues); Cooper v. State, 45
S.W.3d 77, 77–82 (Tex. Crim. App. 2001) (holding voluntariness of guilty plea
may not be contested on direct appeal following plea bargain agreement). An
appeal must be dismissed if a certification showing that the defendant has a right of
appeal has not been made part of the record. TEX. R. APP. P. 25.2(d).
Here, the trial court’s certification is included in the record and states that
this 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 permitted to appeal by Rule 25.2(a)(2),
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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
appellant’s motion to withdraw the appeal as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Brown and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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