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Benjamin v. State

Court of Appeals For The First District of Texas
Nov 21, 2017
NO. 01-17-00489-CR (Tex. App. Nov. 21, 2017)

Opinion

NO. 01-17-00489-CR

11-21-2017

KENNETH BENJAMIN, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 10th District Court Galveston County, Texas
Trial Court Case No. 16CR1879

MEMORANDUM OPINION

Appellant, Kenneth Benjamin, pleaded guilty to the felony offense of accident involving serious bodily injury. See TEX. TRANSP. CODE § 550.021(c)(1)(B). The trial court found appellant guilty and, in accordance with the terms of appellant's plea bargain agreement with the State, sentenced appellant to 4 years' incarceration. Acting pro se, appellant filed a notice of appeal. We dismiss the appeal.

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. See 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. See TEX. R. APP. P. 25.2(d).

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.

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 Do not publish.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


Summaries of

Benjamin v. State

Court of Appeals For The First District of Texas
Nov 21, 2017
NO. 01-17-00489-CR (Tex. App. Nov. 21, 2017)
Case details for

Benjamin v. State

Case Details

Full title:KENNETH BENJAMIN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Nov 21, 2017

Citations

NO. 01-17-00489-CR (Tex. App. Nov. 21, 2017)