Opinion
NO. 01-11-00514-CR
01-26-2012
KELVIN WASHINGTON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from 240th District Court
Fort Bend County, Texas
Trial Court Case No. 07DCR045872A
MEMORANDUM OPINION
Appellant, Kelvin Washington, pleaded guilty to burglary of a building, and, in accordance with the plea agreement, the trial court sentenced appellant to confinement for ten years. The trial court certified that this is a plea bargain case with no right of appeal, and that appellant waived the right of appeal. Appellant filed his notice of appeal.
We dismiss.
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 certification, which is included in the record on appeal, states that this is a plea bargain case with no right of appeal, and that appellant waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2), 25.2(d). The certification is supported by the record. The record includes Defendant's Waiver of Right to Appeal in which appellant acknowledged he was admonished regarding his right to appeal, and that he voluntarily waived any right of appeal. When a defendant waives his right of appeal as part of an agreement on sentencing and the agreement is followed by the trial court, his waiver is made knowingly, intelligently, and voluntarily, and he may not appeal any matters unless the trial court first grants permission. Ex parte Delaney, 207 S.W.3d 794, 798-99 (Tex. Crim. App. 2006); Blanco, 18 S.W.3d at 219-20.
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. All pending motions are dismissed as moot.
We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown. Do not publish. TEX. R. APP. P. 47.2(b).