From Casetext: Smarter Legal Research

Anderson v. State

Court of Appeals For The First District of Texas
Aug 15, 2017
NO. 01-17-00428-CR (Tex. App. Aug. 15, 2017)

Opinion

NO. 01-17-00428-CR

08-15-2017

CHRISTOPHER ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 177th District Court Harris County, Texas
Trial Court Case No. 1536063

MEMORANDUM OPINION

Appellant, Christopher Anderson, pursuant to an agreement with the State, pleaded guilty to the state jail felony offense of burglary of a building. The trial court accepted the plea agreement, found appellant guilty, and assessed his punishment at confinement for eighteen months. The trial court certified that this case is a plea-bargained case and appellant has no right of appeal. Appellant filed a pro se notice of appeal. We dismiss the appeal.

See TEX. PENAL CODE ANN. § 30.02(a)(1), (c)(1) (West 2011).

In a plea-bargained case, a defendant may appeal only those matters 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). Here, the trial court's certification is included in the record and 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). The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because appellant 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 all pending motions as moot.

PER CURIAM Panel consists of Justices Jennings, Massengale, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Anderson v. State

Court of Appeals For The First District of Texas
Aug 15, 2017
NO. 01-17-00428-CR (Tex. App. Aug. 15, 2017)
Case details for

Anderson v. State

Case Details

Full title:CHRISTOPHER ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Aug 15, 2017

Citations

NO. 01-17-00428-CR (Tex. App. Aug. 15, 2017)