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Talton v. State

Court of Appeals For The First District of Texas
Feb 2, 2012
NO. 01-11-00629-CR (Tex. App. Feb. 2, 2012)

Opinion

NO. 01-11-00629-CRNO. 01-11-00630-CR

02-02-2012

WILLIE TALTON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 1247617 and 1254440


MEMORANDUM OPINION

Appellant, Willie Derrick Talton, pleaded nolo contendere to the offense of robbery involving bodily injury, and pleaded guilty to the offense of burglary of a building with intent to commit theft with the additional plea of "true" to the allegations in two felony enhancement paragraphs. The trial court found appellant guilty of both offenses, found the enhancements true, and, in accordance with the terms of appellant's plea bargain agreements with the State, sentenced appellant to two years' confinement. Appellant filed a pro se notice of appeal for both proceedings. We dismiss the appeals.

In a plea bargain case, a defendant may appeal only 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. 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 certifications are included in the records on appeal. See id. The trial court's certifications state that these are plea bargain cases and that the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. The records support the trial court's certifications. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because appellant has no right of appeal, we must dismiss these appeals. 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 appeals for want of jurisdiction. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Talton v. State

Court of Appeals For The First District of Texas
Feb 2, 2012
NO. 01-11-00629-CR (Tex. App. Feb. 2, 2012)
Case details for

Talton v. State

Case Details

Full title:WILLIE TALTON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Feb 2, 2012

Citations

NO. 01-11-00629-CR (Tex. App. Feb. 2, 2012)