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Torres v. State

Court of Appeals For The First District of Texas
Jan 5, 2012
NO. 01-11-00285-CR (Tex. App. Jan. 5, 2012)

Opinion

NO. 01-11-00285-CRNO. 01-11-00286-CRNO. 01-11-00287-CR

01-05-2012

JESUS NOE TORRES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause Nos. 1200742, 1200743, and 1200744


MEMORANDUM OPINION

Appellant, Jesus Noe Torres, pleaded guilty to aggravated robbery in cause numbers 1200742 and 1200743, and the trial court dismissed a third cause number, 1200744, on the State's motion. In accordance with the terms of appellant's plea agreement with the State, the trial court sentenced appellant to 15 years' confinement in cause numbers 1200742 and 1200743, with the sentences to run concurrently. Appellant filed a pro se notice of appeal in each of the three causes. 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. In cause numbers 1200742 and 1200743, the trial court's certifications state 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 the appeals of cause numbers 1200742 and 1200743. 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.").

Furthermore, the appeal of cause number 1200744 is moot because there was no judgment of guilt in that cause number; it was dismissed by the trial court.

Accordingly, we dismiss these appeals for want of jurisdiction. We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Torres v. State

Court of Appeals For The First District of Texas
Jan 5, 2012
NO. 01-11-00285-CR (Tex. App. Jan. 5, 2012)
Case details for

Torres v. State

Case Details

Full title:JESUS NOE TORRES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Jan 5, 2012

Citations

NO. 01-11-00285-CR (Tex. App. Jan. 5, 2012)