Calton Carter v. State

Opinion issued January 26, 2012.

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-11-00837-CR,

NO. 01-11-00838-CR

____________

 


Calton Carter, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause Nos. 1306798 and 1306799

 

 


MEMORANDUM OPINION


          Appellant, Calton Carter, pleaded guilty to the offenses of evading arrest and felon in possession of a weapon and pleaded “true” to the allegations in two enhancement paragraphs that he had twice been previously convicted of felony offenses.  The trial court found appellant guilty, found the enhancement allegations true, and, in accordance with the terms of appellant’s plea agreement with the State, sentenced appellant to confinement for six years.  Appellant has 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 obtaining 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 certifications are included in the records on appeal. See id.  The trial court’s certifications state that these are plea bargain cases and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal.  The records support the trial court’s certifications.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).  Because appellant has no right of appeal, we must dismiss these appeals.  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 appeals for want of jurisdiction.  We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.

 

Do not publish.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