Opinion issued April 8, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00795-CR
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JAMES WILLIE WYATT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Case No. 1390178
MEMORANDUM OPINION
Appellant, James Willie Wyatt, pleaded guilty to the felony offense of
evading arrest or detention with previous conviction.1 The trial court found Wyatt
guilty and, in accordance with the terms of his plea bargain agreement with the
1
See TEX. PENAL CODE ANN. § 38.04(a), (b)(1)(A) (West Supp. 2013).
State, sentenced him to four years imprisonment. Acting pro se, Wyatt filed a
notice of appeal. We dismiss the appeal.
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).
Here, the trial court’s certification is included in the record on appeal. See id.
The trial court’s certification states that this is a plea bargain case and that the
defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant did not
appeal any pre-trial matters, and the trial court did not give permission for
appellant to appeal. 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), 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.
2
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3
James Willie Wyatt v. State
Combined Opinion