Opinion issued May 9, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00252-CR
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CHARLES ALLEN STEWART, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 351st District Court
Harris County, Texas
Trial Court Cause No. 1375967
MEMORANDUM OPINION
Appellant, Charles Allen Stewart, pleaded guilty to the state-jail felony
offense of theft1 and pleaded true to the allegations in two state-jail felony
1
See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2012).
enhancement paragraphs.2 The trial court found appellant guilty, found the
enhancements true, and, in accordance with the terms of appellant’s plea
agreement with the State, sentenced appellant to confinement for two years.
Appellant has filed a pro se notice of appeal. We dismiss the appeal.
In a plea-bargained case, a defendant may only appeal those matters that
were raised by written motion filed 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 Woods v. State, 108 S.W.3d 314, 316 (Tex.
Crim. App. 2003). 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. 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-bargained case and the
defendant 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), must
2
See TEX. PENAL CODE ANN. § 12.425(a) (West Supp. 2012).
2
dismiss a prohibited appeal without further action, regardless of the basis for the
appeal.”).
Accordingly, we dismiss this appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
3