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Ireland v. State

Court of Appeals For The First District of Texas
Aug 29, 2019
NO. 01-18-01137-CR (Tex. App. Aug. 29, 2019)

Opinion

NO. 01-18-01138-CR

08-29-2019

MOHAGANY SKYE IRELAND, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 338th District Court Harris County, Texas
Trial Court Case No. 1557136

MEMORANDUM OPINION

Appellant, Mohagany Skye Ireland, pleaded guilty to the offense of aggravated robbery with a deadly weapon. See TEX. PENAL CODE § 29.03(a). In accordance with a plea bargain with the State, the trial court sentenced appellant on March 6, 2019 to seven years' confinement in the Institutional Division of the Texas Department of Criminal Justice. We dismiss.

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 Ireland 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 for want of jurisdiction. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Ireland v. State

Court of Appeals For The First District of Texas
Aug 29, 2019
NO. 01-18-01137-CR (Tex. App. Aug. 29, 2019)
Case details for

Ireland v. State

Case Details

Full title:MOHAGANY SKYE IRELAND, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Aug 29, 2019

Citations

NO. 01-18-01137-CR (Tex. App. Aug. 29, 2019)