Opinion
No. 05-17-00475-CR
06-27-2017
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F17-70318-H
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Evans
Opinion by Justice Bridges
Brandon Cornell Perry appeals his conviction for forgery by check. After reviewing the record before us, we dismiss this appeal.
Texas Rule of Appellate Procedure 25.2(a)(2) provides that in a plea-bargained case in which a defendant pleads guilty and the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the defendant may appeal only (1) those matters that were raised by written motion filed and ruled on before trial, or (2) after getting the trial court's permission to appeal. TEX. R. APP. P. 25.2(a)(2).
The record shows that appellant, who was represented by counsel, entered into a negotiated plea bargain with the State. Under the plea agreement, appellant signed a judicial confession and pleaded guilty to the offense in exchange for the State's agreement to recommend punishment at six months confinement. The trial court accepted appellant's guilty plea and, following the plea agreement, assessed punishment at six months in state jail. The trial court prepared and signed a rule 25.2(d) certification of the right to appeal stating this "is a plea-bargain case, and [appellant] has NO right to appeal." See TEX. R. APP. P. 25.2(d). Appellant and his trial counsel signed the rule 25.2(d) certification.
Appellant has not received permission to pursue this appeal from the trial court. And the only pretrial motion filed was a "Motion to Reduce State Jail Felony to Misdemeanor," filed by appellant acting pro se. Nothing in the record reflects the motion was presented to the trial court or that the trial court ruled on the motion. Based on the plain text of rule 25.2, we conclude appellant has not met the requirements to pursue this appeal. See TEX. R. APP. P. 25.2(a), (d).
We dismiss the appeal for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE Do Not publish
TEX. R. APP. P. 47.2(b)
170475F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 1, Dallas County, Texas
Trial Court Cause No. F17-70318-H.
Opinion delivered by Justice Bridges, Justices Lang-Miers and Evans participating.
Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered June 27, 2017.