Opinion issued May 9, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00187-CR
NO. 01-13-00188-CR
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CHAD ERIC ETHRIDGE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Cause Nos. 1339454, 1370043
MEMORANDUM OPINION
Appellant, Chad Eric Ethridge, pleaded guilty to the felony offense of
possession of a controlled substance in trial court cause number 13394541 and the
1
See TEX. HEALTH & SAFETY CODE ANN. § 481.115(a), (c) (West 2010).
felony offense of assault in trial court cause number 1370043. 2 The trial court
found appellant guilty of each charge, and, in accordance with the terms of
appellant’s plea agreements with the State, sentenced appellant to confinement for
five years. Appellant has filed pro se notices of appeal. We dismiss the appeals.
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). 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 certifications are included in the records on appeal.
See id. The trial court’s certifications state that these are plea-bargained cases and
the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The records
support the trial court’s certifications. See Dears v. State, 154 S.W.3d 610, 615
(Tex. Crim. App. 2005). Because appellant has no right of appeal, we must
dismiss these appeals. 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. § 22.01(a)(1), (b-1) (West 2011).
2
dismiss a prohibited appeal without further action, regardless of the basis for the
appeal.”).
Accordingly, we dismiss these appeals 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Do not publish.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