Opinion issued August 2, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00296-CR
____________
OSCAR PEREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Cause No. 1302386
MEMORANDUM OPINION
A grand jury returned a true bill of indictment against appellant, Oscar Perez,
for the felony offense of aggravated sexual assault.1 Pursuant to a plea agreement
with the State, appellant pleaded guilty to the lesser-included offense of indecency
1
See TEX. PENAL CODE ANN. § 22.021(a)(1)(B)(iii), (a)(2)(B) (West Supp. 2011).
with a child by contact.2 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 two years in the Institutional Division of the Texas Department of
Criminal Justice. Appellant has filed a pro se notice of appeal. We dismiss the
appeal.
In a plea-bargain case—that is, a case in which a defendant’s plea was guilty
or nolo contendere and the punishment did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant—a defendant may
appeal only those matters that were raised by written motion and ruled on before
trial or after getting 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 certification is included in the record on appeal. See id.
The trial court’s certification states that this is a plea-bargain case and that the
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). Because appellant has no right of appeal, we must dismiss
2
See TEX. PENAL CODE ANN. § 21.11(a)(1) (West 2011).
2
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.”).
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3