Irma Perez v. The State of Texas Appeal from 248th District Court of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed March 10, 2016. In The Fourteenth Court of Appeals NO. 14-16-00015-CR IRMA PEREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 248th District Court Harris County, Texas Trial Court Cause No. 1416208 MEMORANDUM OPINION Appellant was indicted for murder. Pursuant to a charge bargain, the State agreed to reduce the charge in exchange for appellant’s guilty plea to reckless injury to a child. The trial court sentenced appellant to fifteen years in prison. Appellant filed a timely notice of appeal. We dismiss the appeal. Because this is a charge-bargain case, appellant has the right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2) only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after receiving the trial court’s permission to appeal. Kennedy v. State, 297 S.W.3d 338, 340–41 (Tex. Crim. App. 2009); see also Shankle v. State, 119 S.W.3d 808, 812–13 (Tex. Crim. App. 2003) (holding that charge bargain that “effectively puts a cap on punishment” is a bargain governed by rule of appellate procedure 25.2(a)(2)). The record does not reflect any pretrial motions that could be appealed and the trial court did not give permission to appeal. The trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Justices Jamison, Donovan and Brown. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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