Jimmy Cordale Justiss v. The State of Texas Appeal from 208th District Court of Harris County (memorandum opinion per curiam)

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Opinion issued March 29, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00518-CR ——————————— JIMMY CORDALE JUSTISS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 208th District Court Harris County, Texas Trial Court Case No. 1720198 MEMORANDUM OPINION Appellant, Jimmy Cordale Justiss, pleaded guilty to the felony offense of aggravated robbery with a deadly weapon. In accordance with appellant’s plea agreement with the State, the trial court sentenced appellant to 10 years’ imprisonment. Appellant, acting pro se, 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. 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); see Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). Here, the clerk’s record supports the trial court’s certification that this is a plea-bargain case and that appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d); Dears, 154 S.W.3d at 615. Because appellant has no right of appeal, we must dismiss this appeal without further action. 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), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”). Accordingly, we dismiss this appeal for lack of jurisdiction. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Landau, Hightower, and Rivas-Molloy. Do not publish. TEX. R. APP. P. 47.2(b). 2

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