Opinion
NO. 02-18-00126-CR
05-10-2018
ADAM ARIF APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1518111D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On March 13, 2018, as part of a plea-bargain agreement, appellant Adam Arif pleaded guilty to evading arrest or detention, and the trial court sentenced him in accordance with the agreement to two years' confinement. The trial court filed a certification that this is a plea-bargain case, affording Arif no right to appeal, and that Arif waived his right to appeal as part of his guilty plea. See Tex. R. App. P. 25.2(d). Arif filed a pro se notice of appeal three days later. We notified Arif and his court-appointed attorney that the trial court had certified Arif had no right to appeal based on the plea-bargain agreement and based on his waiver 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 deadly-weapon and enhancement allegations included 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 Arif permission to appeal, and the record includes no indication that Arif 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 DO NOT PUBLISH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: May 10, 2018