Opinion issued January 10, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00429-CR
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JOSE RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 184th District Court
Harris County, Texas
Trial Court Cause No. 1339432
MEMORANDUM OPINION
Appellant, Jose Rodriguez, pleaded guilty to the offense of aggravated
sexual assault of a child, pursuant to an agreement with the State regarding
punishment and in exchange for the State abandoning the enhancements. The trial
court found appellant guilty of the primary offense and, in accordance with the
terms of appellant’s plea agreement with the State, sentenced appellant to
confinement for 8 years. The trial court certified that this is a plea-bargain case
and that appellant does not have the right of appeal. Appellant, proceeding pro se,
filed a notice of appeal. We dismiss the appeal.
In a plea-bargain case, a 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). 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).
The trial court’s certification 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 trial court did
not rule on any pre-trial motions by appellant, 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.”).
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Accordingly, we dismiss the appeal for want of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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