Opinion issued July 26, 2012.
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-11-00939-CR
———————————
JOSEPH MIRANDA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Cause No. 1305402
MEMORANDUM OPINION
Appellant Joseph Miranda pleaded guilty to the offense of aggravated
robbery of a person over the age of 65 or disabled, pursuant to an agreed
recommendation by the State as to punishment. 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 six years. 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).
Here, the trial court’s certification, which is included in the record on appeal,
states that this is a plea bargain case and that the defendant 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 only matter
appellant raised by written motion before trial was for the appointment of an
investigator, which the trial court granted, and appellant did not get the trial court’s
permission 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.”).
2
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 Jennings and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
3