Cody Crymes v. The State of Texas Appeal from 253rd District Court of Chambers County (memorandum opinion per curiam)
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Opinion issued September 24, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00206-CR ——————————— CODY CRYMES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 253rd District Court Chambers County, Texas Trial Court Case No. 17166 MEMORANDUM OPINION Appellant, Cody Crymes, pled guilty to the felony offense of sexual assault of a child. The trial court found appellant guilty and, in accordance with the terms of appellant’s plea bargain agreement with the State, sentenced appellant to ten years deferred adjudication and imposed a fine of $1,500.00. Appellant filed a notice of appeal. We dismiss the appeal. 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. 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. 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 id. at 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 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 Jennings, Higley, and Brown. Do not publish. TEX. R. APP. P. 47.2(b). 2
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