Opinion issued September 27, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01033-CR
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CRAIG RYAN WASHINGTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 184th District Court
Harris County, Texas
Trial Court Case No. 1427446
MEMORANDUM OPINION
Appellant, Craig Ryan Washington, pleaded guilty to the felony offense of
aggravated robbery with a deadly weapon. In return for appellant’s plea, the State
agreed to a punishment cap of 20 years’ imprisonment. The trial court found
appellant guilty and, in accordance with the terms of appellant’s plea bargain
agreement with the State, sentenced appellant to 16 years’ imprisonment. Appellant
filed a pro se notice of appeal. We dismiss the appeal.
An agreement that places a cap on punishment is a plea bargain for purposes
of Texas Rule of Appellate Procedure 25.2(a)(2). See Shankle v. State, 119 S.W.3d
808, 813 (Tex. Crim. App. 2003); Threadgill v. State, 120 S.W.3d 871, 872 (Tex.
App.—Houston [1st Dist.] 2003, no. pet.); Waters v. State, 124 S.W.3d 825, 826
(Tex. App.—Houston [14th Dist.] 2003, pet. ref’d). 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. See
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. See
TEX. R. APP. P. 25.2(d).
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 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). 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
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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.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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