Opinion
No. 06-17-00068-CR
06-06-2017
On Appeal from the 196th District Court Hunt County, Texas
Trial Court No. 31,589 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
John Michael Shaver attempts to appeal from his conviction of driving while intoxicated, third or more, and the resulting sentence of ten years' incarceration. This Court is without jurisdiction to consider Shaver's appeal because, as a result of his plea agreement with the State, he had no right of appeal.
See TEX. PENAL CODE ANN. § 49.09(b)(2) (West Supp. 2016).
The Texas Legislature has granted a very limited right of appeal in plea-agreement cases. Rule 25.2 of the Texas Rules of Appellate Procedure details that right as follows:
In a plea bargain case—that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only:
TEX. R. APP. P. 25.2(a)(2). The appellate record filed in this matter contains no written motions filed by Shaver and ruled on before trial. Further, there is no indication in the record that Shaver obtained the trial court's permission to appeal. To the contrary, the trial court's certification of Shaver's right of appeal indicates that this is a plea-bargain case in which Shaver has no right of appeal. Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, this Court is required to dismiss an appeal if, as in this case, the trial court's certification indicates no right of appeal. See TEX. R. APP. P. 25.2(d).(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court's permission to appeal.
On May 10, 2017, we informed Shaver of the apparent defect in our jurisdiction over his appeal and afforded him an opportunity to respond and, if possible, cure such defect. While Shaver filed a response, he failed to identify any authority to contradict the conclusion that we are without jurisdiction over this appeal.
Because Shaver has no right of appeal as a result of his plea bargain with the State and because the trial court's certification correctly indicates that Shaver is without a right of appeal, we dismiss this appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice Date Submitted: June 5, 2017
Date Decided: June 6, 2017 Do Not Publish