Opinion issued July 9, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00070-CR
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CLYDE HUDSON RUTHERFORD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Cause No. 1364747
MEMORANDUM OPINION
Appellant, Clyde Hudson Rutherford, was charged with the offense of
failure to comply with sex offender registration requirements, enhanced by two
prior felony convictions for failure to register. Appellant pleaded guilty to the
primary offense, pursuant to an agreement with the State that it would abandon the
first enhancement paragraph and would recommend punishment of confinement
for 12 years. The trial court found appellant guilty, found the remaining
enhancement paragraph true, and, in accordance with the terms of appellant’s plea
agreement with the State, sentenced appellant to confinement for 12 years. The
trial court certified that this is a plea-bargain case and that appellant has no right of
appeal. Appellant, proceeding pro se, has filed a notice of appeal. We dismiss the
appeal.
The trial court’s certification in the record before us 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). The record supports the trial court’s certification. See Dears v. State,
154 S.W.3d 610, 615 (Tex. Crim. App. 2005). In a plea bargain case, the
defendant may appeal only those matters that were raised by written motion filed
and ruled on before trial, or after getting the trial court’s permission to appeal.
TEX. R. APP. P. 25.2(a)(2). The record does not reflect that the trial court ruled on
any pre-trial motions by appellant, other than granting appellant’s motion to
appoint counsel. Further, the record does not reflect that the trial court gave
appellant permission to appeal.
An appeal must be dismissed if, as here, 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). Accordingly, we dismiss this appeal for want of jurisdiction. See
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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.”). We dismiss
any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.
Do not publish. TEX. R. APP. P. 47.2(b).
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