Opinion
NO. 02-18-00314-CR
08-30-2018
ADAM JOHN GORAS III APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1544315D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On June 27, 2018, as part of a plea-bargain agreement, appellant Adam John Goras III pleaded guilty to evading arrest or detention, and the trial court sentenced him in accordance with the agreement to one year's confinement in a state-jail facility. The trial court filed a certification that this is a plea-bargain case, affording Goras no right to appeal. See Tex. R. App. P. 25.2(d). Goras filed a pro se notice of appeal from the judgment. We notified Goras and his court-appointed attorney that the trial court had certified Goras had no right to appeal based on the plea-bargain agreement and that we would dismiss the appeal unless we received a response showing grounds to continue it. See Tex. R. App. P. 25.2(d), 44.3. We have received no response.
As part of the agreement, the State also agreed to waive the enhancement allegation in the indictment.
Rule 25.2 limits the right of appeal in a plea-bargain case to matters that were raised by written motion filed and ruled upon before trial or to cases in which the appellant obtained the trial court's permission to appeal. Tex. R. App. P. 25.2(a)(2). Here, the trial court's certification does not show that the trial court granted Goras permission to appeal, and the record includes no indication that Goras intends to challenge a pretrial ruling on a written motion filed and ruled on before trial. Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE PANEL: GABRIEL, KERR, and PITTMAN, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: August 30, 2018