Kyle Jackson v. The State of Texas Appeal from Co Crim Ct at Law No 3 of Harris County (memorandum opinion per curiam)
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Opinion issued September 27, 2016 In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00253-CR ——————————— KYLE JACKSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court at Law No. 3 Harris County, Texas Trial Court Case No. 2075847 MEMORANDUM OPINION Appellant, Kyle Jackson, pleaded guilty to the misdemeanor offense of assault of a family member. The trial court found appellant guilty and, in accordance with the terms of appellant’s plea bargain agreement with the State, sentenced appellant to 355 days’ incarceration in county jail with 2 days credit. Appellant filed a pro se 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. See 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). 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 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. PER CURIAM Panel consists of Justices Bland, Massengale, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b). 2
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