Opinion
NO. 01-17-00365-CR
07-27-2017
GREGORIO MONTANO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court Harris County, Texas
Trial Court Case No. 1416085
MEMORANDUM OPINION
Appellant, Gregorio Montano, pursuant to an agreement with the State, pleaded guilty to the misdemeanor offense of driving while intoxicated. The trial court accepted the plea agreement, found appellant guilty, and assessed his punishment at confinement for 180 days. 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. We dismiss the appeal.
See TEX. PENAL CODE ANN. § 49.04(a), (b) (West Supp. 2016).
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 (West 2006); TEX. R. APP. P. 25.2(a)(2). Here, 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 all pending motions as moot.
PER CURIAM Panel consists of Justices Jennings, Keyes, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).