Opinion issued December 3, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00876-CR
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RANDY GRIFFIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court
Harris County, Texas
Trial Court Case No. 1442001
MEMORANDUM OPINION
Pursuant to an agreement with the State, appellant, Randy Griffin, pleaded
guilty to the felony offense of tampering with a governmental record.1 The trial
1
See TEX. PENAL CODE ANN. § 37.10(a)(2), (c)(2)(A) (Vernon 2011).
court accepted the plea agreement, assessed appellant’s punishment at confinement
for two years, and certified that this is a plea-bargained case and he has no right of
appeal. We dismiss the appeal.
In a plea-bargained case, a defendant may appeal only those matters that
were raised by written motion and ruled on before trial or after obtaining the trial
court’s permission to appeal. TEX. CODE CRIM. PROC. ANN. art 44.02 (Vernon
2006); TEX. R. APP. P. 25.2(a)(2). An appeal must be dismissed if a certification
showing that the defendant has a 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 and states that
this is a plea-bargained case and 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 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.”); see also Cooper v. State, 45 S.W.3d 77, 77–82 (Tex. Crim. App.
2001) (holding voluntariness of guilty plea may not be contested on direct appeal
following plea-bargain agreement).
2
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Bland.
Do not publish. TEX. R. APP. P. 47.2(b).
3