Steffi Camacho v. State

Opinion issued February 2, 2012.

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-11-00449-CR

____________

 


steffi camacho, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1292103

 

 


MEMORANDUM OPINION


          Appellant, Steffi Camacho, pleaded guilty to the felony offense of money laundering pursuant to an agreement with the State that adjudication of guilt be deferred.  The trial court deferred adjudication, placed appellant on four years of community supervision, and assessed a $400 fine.  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 is included in the record on appeal. See id.  The trial court’s certification correctly 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); Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim, App. 2006) (holding that plea bargain is complete at time defendant enters plea of guilty in exchange for deferred adjudication community supervision).  Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to 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); Hargesheimer, 182 S.W.3d at 913 (stating that Rule 25.2 restricts appeal when defendant appeals placement on deferred adjudication community supervision).  Because appellant has no right of appeal, we must dismiss the 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.  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Sharp.

 

Do not publish.  Tex. R. App. P. 47.2(b).