Opinion
Nos. 01-11-00221-CR, 01-11-00222-CR
Opinion issued July 21, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 232nd District Court Harris County, Texas, Trial Court Cause Nos. 1291651 and 1291854.
Panel consists of Chief Justice RADACK and Justices SHARP and BROWN.
MEMORANDUM OPINION
Appellant, Kevin L. Jenkins, pleaded guilty to the offenses of aggravated assault and possession of a controlled substance. The trial court found appellant guilty, and, in accordance with the terms of appellant's plea bargain agreement with the State, sentenced appellant to three years' confinement. Appellant filed a pro se notice of appeal. We dismiss the appeals. In a plea bargain case, a defendant may appeal only 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. 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 certifications are included in the records on appeal. The trial court's certifications state that these are plea bargain cases and that the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. 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 these appeals for want of jurisdiction. All pending motions are dismissed as moot.