Opinion issued November 1, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00589-CR
____________
MICHAEL MCCARTNEY Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 174th District Court
Harris County, Texas
Trial Court Cause No. 1343117
MEMORANDUM OPINION
Appellant, Michael McCartney, pleaded guilty to the offense of aggravated
assault with a deadly weapon. The trial court found appellant guilty and, in
accordance with the terms of appellant’s plea agreement with the State, sentenced
appellant to confinement for 2 years. The trial court entered an affirmative finding
on the use of a deadly weapon, namely, a machete. Appellant filed a pro se 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 record
supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615
(Tex. Crim. App. 2005). The trial court did not rule on any pre-trial motions, and
the trial court did not give permission for appellant to appeal. See TEX. R. APP. P.
25.2(a)(2). 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Do not publish.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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