Derrick Murphy v. The State of Texas Appeal from 262nd District Court of Harris County (memorandum opinion per curiam)
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Opinion issued June 14, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00974-CR ——————————— DERRICK MURPHY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 262nd District Court Harris County, Texas Trial Court Case No. 1557838 MEMORANDUM OPINION Appellant Derrick Murphy pleaded guilty to the misdemeanor offense of DWI, second offense. See TEX. PENAL CODE §§ 49.04, 49.09. In accordance with the terms of a plea bargain agreement, the trial court signed a judgment of conviction imposing a sentence of one year in the Harris County jail, probated for two years. Murphy filed a timely notice of appeal. In a plea bargain case, a defendant may appeal only matters raised by a written motion that was filed and ruled upon before trial, or after obtaining the trial court’s permission to appeal. TEX. CODE CRIM. PROC. art. 44.02; 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 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 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, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b). 3
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