Opinion
No. 06-17-00098-CR
06-29-2017
On Appeal from the 4th District Court Rusk County, Texas
Trial Court No. CR16-290 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Pursuant to a plea agreement with the State, Stephanie Ann Echols pled guilty to sexual assault of a child in exchange for the State's recommendation that she be placed on ten years' deferred adjudication community supervision. The trial court accepted Echols' plea and accepted the sentencing recommendation. Echols timely filed a notice of appeal. Because we find that we are without jurisdiction over this case as a result of Echols' plea agreement with the State, we will dismiss this appeal for want of jurisdiction.
See TEX. PENAL CODE ANN. § 22.011(a)(2) (West 2011).
The Texas Legislature has granted a very limited right of appeal in plea-agreement cases. Rule 25.2 of the Texas Rules of Appellate Procedure details that right as follows:
In a plea bargain case—that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only:
TEX. R. APP. P. 25.2(a)(2). The clerk's record filed in this matter contains no written motions filed by Echols and ruled on before trial. Further, there is no indication in the record that Echols obtained the trial court's permission to appeal. To the contrary, the trial court's certification of Echols' right of appeal indicates that this is a plea-agreement case in which Echols has no right of appeal. Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, this Court is required to dismiss an appeal if, as in this case, the trial court's certification indicates no right of appeal. See TEX. R. APP. P. 25.2(d).(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court's permission to appeal.
On May 18, 2017, we informed Echols of the apparent defect in our jurisdiction over her appeal and afforded her an opportunity to respond and, if possible, cure such defect. Echols provided no response to our communication.
Because Echols has no right of appeal as a result of her plea agreement with the State and because the trial court's certification correctly indicates that Echols is without a right of appeal, we dismiss this appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice Date Submitted: June 28, 2017
Date Decided: June 29, 2017 Do Not Publish