Opinion
NO. 01-13-00324-CR
02-13-2014
DARRELL ANTHONY BENFORD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 176th District Court
Harris County, Texas
Trial Court Case No. 1336333
MEMORANDUM OPINION
Appellant, Darrell Anthony Benford, pleaded guilty to the felony offense of assault and pleaded true to the allegations in a felony enhancement paragraph. The trial court found appellant guilty, found the enhancement true, and, in accordance with the terms of appellant's plea bargain agreement with the State, sentenced appellant to confinement for ten years. Appellant filed a pro se notice of appeal. We dismiss the appeal.
See TEX. PENAL CODE ANN. § 22.01(a)(1), (b-1) (West Supp. 2013).
See TEX. PENAL CODE ANN. § 12.42(b) (West Supp. 2013).
--------
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. ANN. art. 44.02 (West 2006); 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 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 any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Massengale and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).