Opinion issued May 14, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00113-CR
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ERIC BRIGGS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 11
Harris County, Texas
Trial Court Case No. 2243407
MEMORANDUM OPINION
Appellant, Eric Briggs, pleaded guilty to the misdemeanor offense of failure
to identify oneself to a peace officer. See TEX. PENAL CODE § 38.02(a). In
accordance with the terms of a plea-bargain agreement, the trial court signed a
judgment of conviction imposing a sentence of 4 days in the Harris County Jail.
Briggs filed a notice of appeal.
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. TEX. CODE CRIM. PROC. art. 44.02; 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 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 Briggs 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.”).
Accordingly, we dismiss the appeal. We dismiss any pending motions as
moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Hightower.
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Do not publish. TEX. R. APP. P. 47.2(b).
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