Javier Guadalupe Garcia v. The State of Texas Appeal from 262nd District Court of Harris County (memorandum opinion per curiam)
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Opinion issued July 7, 2016 In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00294-CR ——————————— JAVIER GUADALUPE GARCIA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 262nd District Court Harris County, Texas Trial Court Case No. 1474167 MEMORANDUM OPINION Javier Guadalupe Garcia pleaded guilty to the third-degree felony offense of family violence assault, second offender. See TEX. PENAL CODE ANN. § 25.11 (West 2011). In accordance with the terms of Garcia’s plea bargain agreement with the State, the trial court sentenced appellant to 3 years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of 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 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 Garcia 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 pleabargained 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 2 Panel consists of Justices Keyes, Brown, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b). 3
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