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Hicks v. State

Court of Appeals For The First District of Texas
Jan 26, 2012
NO. 01-11-00649-CR (Tex. App. Jan. 26, 2012)

Opinion

NO. 01-11-00649-CR

01-26-2012

ADAM MICHAEL HICKS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1303770


MEMORANDUM OPINION

Appellant, Adam Michael Hicks, pleaded guilty to the third degree felony offense of failure to stop and render aid. The trial court found appellant guilty, and, in accordance with the terms of appellant's plea bargain agreement with the State, sentenced appellant to two years' confinement. Appellant has filed a pro se notice of appeal. We dismiss the 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 obtaining the trial court's permission to appeal. 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 the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant did not appeal any pre-trial matters, and the trial court did not give appellant permission to appeal. 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 all pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Hicks v. State

Court of Appeals For The First District of Texas
Jan 26, 2012
NO. 01-11-00649-CR (Tex. App. Jan. 26, 2012)
Case details for

Hicks v. State

Case Details

Full title:ADAM MICHAEL HICKS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Jan 26, 2012

Citations

NO. 01-11-00649-CR (Tex. App. Jan. 26, 2012)