Opinion
NO. 01-17-00893-CR
05-17-2018
PATRICK KEMP, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court Harris County, Texas
Trial Court Case No. 1511226
MEMORANDUM OPINION
Pursuant to an agreement with the State, appellant, Patrick Kemp, pleaded guilty to the felony offense of murder, reduced from the offense of capital murder. The trial court accepted the plea agreement, found appellant guilty, and assessed his punishment at confinement for life. The trial court certified that this case is a plea-bargained case and appellant has no right of appeal. Appellant filed a pro se notice of appeal.
See TEX. PENAL CODE ANN. § 19.02(b) (Vernon 2011).
We dismiss the appeal.
In a plea-bargained case, a defendant may appeal only those matters that were raised by written motion and ruled on before trial or after obtaining the trial court's permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02 (Vernon 2006); TEX. R. APP. P. 25.2(a)(2). Here, the record does not reflect the trial court's permission to appeal or any pretrial motions that could be appealed. The trial court's certification is included in the record and states that the case is a plea-bargained case and appellant 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. We dismiss any pending motions as moot.
PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley. Do not publish. TEX. R. APP. P. 47.2(b).