Opinion
NO. 01-15-00127-CR
12-01-2015
CANDANCE NICOLE MAXI, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court Harris County, Texas
Trial Court Case No. 1421350
MEMORANDUM OPINION
Appellant, Candance Nicole Maxi, pled guilty to the offense of theft. In accordance with Maxi's plea bargain with the State, the trial court entered an order, deferring adjudication of guilt and placing her on four years of community supervision. On April 3, 2015, Maxi filed a notice of appeal.
Appellant's notice of appeal is also untimely. TEX. R. APP. P. 26.2(a). --------
In a plea bargain case, a defendant may only appeal 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. ANN. art. 44.02 (West 2006); 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 that the defendant 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 Higley, Huddle, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).