Opinion issued February 27, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00820-CR
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GERRY DWAYNE DICKENS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 412th Judicial District Court
Brazoria County, Texas
Trial Court Case No. 69694
MEMORANDUM OPINION
Appellant, Gerry Dwayne Dickens, pleaded guilty to the felony offense of
unauthorized use of a vehicle.* The trial court found Dickens guilty and, in
accordance with the terms of his plea bargain agreement with the State, sentenced
*
See TEX. PENAL CODE ANN. § 31.07 (West Supp. 2013).
him to confinement for 200 days in the Brazoria County Jail. Acting pro se,
Dickens 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
appellant’s motion for an extension of time to file his appellant’s brief as moot.
2
PER CURIAM
Panel consists of Chief Justice Radack and Justices Massengale and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
3
Gerry Dwayne Dickens v. State
Combined Opinion