Opinion issued August 2, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00327-CR
____________
ISAIAS FERNANDO SEVILLA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court
Harris County, Texas
Trial Court Cause No. 984957
MEMORANDUM OPINION
Pursuant to a plea-bargain agreement with the State, appellant Isaias
Fernando Sevilla pleaded guilty to the felony offense of indecency with a child by
exposure. A grand jury returned a true bill of indictment against the appellant for
the felony offense of aggravated sexual assault of a child. The plea-bargain in this
case entailed the reduction of the charge to indecency with a child by exposure in
exchange for appellant’s plea to the reduced charge, and an agreement that the
prosecutor would recommend that the appellant be sentenced to confinement for
two years in the Institutional Division of the Texas Department of Criminal Justice.
See Shankle v. State, 119 S.W.3d 808, 813-14 (Tex. Crim. App. 2003). In
accordance with the terms of appellant’s plea agreement with the State, the trial
court found appellant guilty of indecency with a child by exposure and sentenced
appellant to confinement for two years. Appellant has filed a pro se notice of
appeal. We dismiss the appeal.
In a plea-bargain case, a defendant may only appeal those matters that were
raised by written motion filed and ruled on before trial, or after getting the trial
court’s permission to appeal.1 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
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A charge-bargain, like that entered into by the appellant and the State in this case,
where the defendant agrees to plead guilty to a lesser or related offense in exchange
for the prosecutor dismissing or refraining from bringing another charge, is a plea-
bargain under Texas Rule of Appellate Procedure 25.2. See Shankle, 119 S.W.3d
at 813-14. Appellant’s plea-bargain also included an agreement regarding
sentencing.
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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.”).
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
Do not publish. TEX. R. APP. P. 47.2(b).
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