Ricardo Ordonez v. The State of Texas Appeal from 351st District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 16, 2014 In The Court of Appeals For The First District of Texas NO. 01-14-00180-CR RICARDO ORDONEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 351st District Court Harris County, Texas Trial Court Case No. 1399320 MEMORANDUM OPINION Appellant, Ricardo Ordonez, pleaded guilty to the felony offense of aggravated sexual assault of a child under 14 years of age.1 The trial court found appellant guilty and, in accordance with the terms of appellant s plea bargain 1 See TEX. PENAL CODE ANN. ยง 22.021(a)(1)(B)(i), (a)(2)(B) (West Supp. 2014). agreement with the State, sentenced appellant to 35 years imprisonment. Acting pro se, appellant filed a notice of appeal. We dismiss the appeal for lack of jurisdiction. A plea bargain case is one 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. TEX. R. APP. P. 25.2(a)(2). In a plea bargain case, a defendant may only appeal those matters that were raised by written motion filed and ruled on before trial or after getting the trial court s permission to appeal. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); 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. See TEX. R. APP. P. 25.2(d). Here, the trial court s certification is included in the record on appeal. See id. The trial court s certification states that this is a plea bargain case and that the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The record supports the trial court s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). 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 2 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. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Massengale, Brown, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b). 3
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