Opinion
No. 05-17-00532-CR
08-30-2017
CINDY HEFLIN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-34931-V
MEMORANDUM OPINION
Before Justices Francis, Brown, and Schenck
Opinion by Justice Brown
Cindy Heflin appeals her conviction for credit card abuse committed against an elderly individual. After reviewing the clerk's record in this case, we dismiss the appeal.
The clerk's record shows appellant entered into a plea bargain agreement with the State under which appellant agreed to plead guilty to the offense and true to two enhancement paragraphs in exchange for an agreed sentence of ten years' imprisonment. On the date of appellant's plea agreement, the State also filed a motion to strike the second enhancement paragraph which was granted by the trial court. Although not part of the written plea agreement, striking the second enhancement paragraph would have been necessary to reduce the range of punishment so as to effectuate the ten-year agreed sentence. See TEX. PENAL CODE ANN. § 12.33 (West 2011), § 12.42(a) (West Supp. 2016), § 32.31(d) (West 2016). The trial court's judgment recites "N/A" on the judgment form in spaces to record appellant's pleas and findings on the enhancement paragraphs. The trial court followed the parties' agreement and assessed the ten-year agreed sentence as punishment.
Rule 25.2(a)(2) provides that in a plea-bargained case in which the trial court assesses a punishment that does not exceed the punishment to which the defendant agreed, the defendant may appeal only those matters 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).
The trial court has filed a certification asserting appellant entered a plea bargain agreement and has no right of appeal. See TEX. R. APP. P. 25.2(d). As the trial court's certification attests, appellant has not received the trial court's permission to appeal. The record shows appellant filed only one pro se pretrial motion—to dismiss counsel— and nothing in the record shows the motion was presented to or ruled upon by the trial court.
An appeal must be dismissed if a certification showing that the defendant has the right to appeal has not been made part of the record. See TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). Here, the record supports the trial court's certification stating the appeal is a plea-bargained case and appellant has no right to appeal. Because appellant has no right to appeal, we must dismiss the appeal without further action. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
Accordingly, we dismiss the appeal for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE Do Not Publish
TEX. R. APP. P. 47 170532F.U05
JUDGMENT
On Appeal from the 292nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-34931-V.
Opinion delivered by Justice Brown. Justices Francis and Schenck participating.
Based on the Court's opinion of this date, the appeal is DISMISSED. Judgment entered this 30th day of August, 2017.