Gregorio Galan, Jr. v. The State of Texas--Appeal from 144th District Court of Bexar County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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GREGORIO GALAN, JR., ) No. 08-06-00106-CR

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Appellant, ) Appeal from

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v. ) 144th District Court

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THE STATE OF TEXAS, ) of Bexar County, Texas

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Appellee. ) (TC# 2005CR1696)

MEMORANDUM OPINION

Gregorio Galan, Jr. attempts to appeal an aggravated robbery conviction. Finding that Appellant has no right of appeal, we dismiss the appeal.

Rule 25.2(a)(2) governs the defendant s right to appeal in a criminal case:

A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant s right of appeal in every case in which it enters a judgment of guilt or other appealable order. // In a plea bargain case--that is, a case in which defendant s plea is 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:

(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.

Tex.R.App.P. 25.2(a)(2).

Appellant filed a timely notice of appeal and the trial court s certification of the defendant s right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The trial court s certification reflects that the appeal is a plea-bargain case, and the defendant has NO right of appeal. The certification also reflects that Appellant waived the right of appeal. On April 27, 2006, the Clerk s Office notified Appellant that the certification reflects that he has no right of appeal in this case and requested a response. In his response, Appellant requests that this Court instruct the trial court to grant Appellant permission to appeal in order that he can challenge the voluntariness of his guilty plea. // It is within the trial court s discretion whether to grant Appellant permission to appeal and nothing in the record before us reflects that the court has clearly abused its discretion by denying Appellant s request. Accordingly, we deny Appellant s motion. Finding that Appellant has no right of appeal, we dismiss the appeal.

June 29, 2006

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)