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Collins v. State

Court of Appeals For The First District of Texas
Apr 20, 2017
NO. 01-17-00114-CR (Tex. App. Apr. 20, 2017)

Opinion

NO. 01-17-00114-CR NO. 01-17-00115-CR

04-20-2017

BARRON COLLINS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 232nd District Court Harris County, Texas
Trial Court Case Nos. 1483440; 1483469

MEMORANDUM OPINION

Appellant, Barron Collins, pleaded guilty in cause number 1483440 to the offense of evading arrest or detention and burglary of a habitation. In accordance with the terms of a plea-bargain agreement, the trial court sentenced appellant to 6 years' incarceration. Appellant also pleaded guilty in cause number 1483469 to the offense of burglary of a habitation. In accordance with the terms of a plea-bargain agreement, the trial court sentenced appellant in that cause to 6 years' incarceration, with the two sentences to run concurrently. Appellant filed a notice of appeal.

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. CODE CRIM. PROC. art. 44.02; 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 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). The record supports 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).

Accordingly, we dismiss the appeals for want of jurisdiction. We dismiss any pending motions as moot.

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 Do not publish.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


Summaries of

Collins v. State

Court of Appeals For The First District of Texas
Apr 20, 2017
NO. 01-17-00114-CR (Tex. App. Apr. 20, 2017)
Case details for

Collins v. State

Case Details

Full title:BARRON COLLINS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Apr 20, 2017

Citations

NO. 01-17-00114-CR (Tex. App. Apr. 20, 2017)