Opinion issued December 19, 2017
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-17-00078-CR
NO. 01-17-00106-CR
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MIGUEL E. FERAUDY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Case Nos. 1512123 and 1512124
MEMORANDUM OPINION
Without agreed punishment recommendations from the State, appellant,
Miguel E. Feraudy, pleaded guilty, in trial court case number 1512123, to the felony
offense of burglary of a habitation1 and, in trial court case number 1512124, to the
felony offense of violation of a protective order.2 The trial court found appellant
guilty and assessed his punishment at confinement for eight years for each offense,
with the sentences to run concurrently. Appellant timely filed a notice of appeal in
each proceeding. We dismiss the appeals.
In each case, the trial court certified that the case “is a plea-bargain case, and
the defendant has NO right of appeal.” Because the record filed in this Court did not
support the trial court’s certification, we abated the appeal in cause number
01-17-00078-CR and remanded the case for clarification of appellant’s right of
appeal, including execution of an amended certification of appellant’s right to appeal
indicating whether he had the right to appeal.
After we abated the appeal, the trial court held at hearing at which appellant,
his counsel, and the State were present. The hearing record indicates that appellant,
on November 7, 2016, “was charged with three cases” in trial court case numbers
1512123, 1512124, and 1528330; appellant “reached a plea bargain agreement with
the State of Texas”; he agreed “to plead guilty knowingly and voluntarily to 151223
[sic] and 1512124”; and “by doing that, the State dismissed as part of that plea
bargain 1528330.” Based on the trial court’s certifications of appellant’s right of
1
See TEX. PENAL CODE ANN. § 30.02(a)(1), (c)(2) (West Supp. 2017).
2
See id. § 25.07(a)(1), (g)(2) (West Supp. 2017).
appeal and “the fact that the State did nolle one of the cases,” the trial court accepted
the certification “as true” and “the fact it is a plea bargain case, and you have no
right of appeal.” The trial court’s certifications of appellant’s right to appeal in both
case numbers are included in the abatement hearing record and in the clerk’s records
filed in this Court. The certification in case number 1512123 includes the trial
judge’s handwritten and initialed note that “State nollied one case as part of plea
negotiations.” The trial court did not amend or correct the certifications of
appellant’s right of appeal and, thus, has certified that each case “is a plea-bargain
case, and the defendant has NO right of appeal.”3
There are two basic types of plea bargains: sentence bargaining and charge
bargaining. Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003). The
records in these cases reflect a charge bargain in which appellant pleaded guilty to
the felony offenses of burglary of a habitation and violation of a protective order in
exchange for the State’s agreement to dismiss a third charge. See Kennedy v. State,
297 S.W.3d 338, 342 (Tex. Crim. App. 2009); Shankle, 119 S.W.3d at 813–14; see,
e.g., Murillo v. State, No. 01-08-00871-CR, 2010 WL 2133876, at *3 (Tex. App.—
Houston [1st Dist.] May 27, 2010, no pet.) (mem. op., not designated for
publication). In a plea-bargained case, a defendant may appeal only those matters
3
Further, the trial court’s judgments state, “APPEAL WAIVED. NO PERMISSION
TO APPEAL GRANTED.”
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 (West
2006); TEX. R. APP. P. 25.2(a)(2); Kennedy, 297 S.W.3d at 340–41.
The record in these appeals does not reflect the trial court’s permission to
appeal or any pretrial motions that could be appealed. In each appeal, the
certification included in the record states that the case is a plea-bargained case and
appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). And, 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 any
pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Brown, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).