Appeal Dismissed and Memorandum Opinion filed October 22, 2015.
In The
Fourteenth Court of Appeals
NO. 14-15-00359-CR
BENJAMIN ROBERT BARRAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Cause No. 1401264
MEMORANDUM OPINION
Appellant was indicted for fraudulent use of identifying information.
Pursuant to a charge bargain, the State agreed to dismiss four other charges in
exchange for appellant’s guilty plea to the indicted charge. The trial court
sentenced appellant to twenty years in prison. Appellant filed a timely notice of
appeal. We dismiss the appeal.
Because this is a charge-bargain case, appellant has the right to appeal under
Texas Rule of Appellate Procedure 25.2(a)(2) only: (A) those matters that were
raised by written motion filed and ruled on before trial, or (B) after receiving the
trial court’s permission to appeal. Kennedy v. State, 297 S.W.3d 338, 340–41 (Tex.
Crim. App. 2009); see also Shankle v. State, 119 S.W.3d 808, 812–13 (Tex. Crim.
App. 2003) (holding that charge bargain that “effectively puts a cap on
punishment” is a bargain governed by rule of appellate procedure 25.2(a)(2)).
The record does not reflect the trial court’s permission to appeal or any
pretrial motions that could be appealed. Therefore, we lack jurisdiction over
appellant’s appeal.
Accordingly, we dismiss the appeal.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Christopher and Donovan
Do Not Publish — Tex. R. App. P. 47.2(b).
2
Benjamin Robert Barran v. State
Combined Opinion