Adam Arif v. The State of Texas Appeal from 432nd District Court of Tarrant County (memorandum opinion)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-18-00126-CR ADAM ARIF APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1518111D ---------- MEMORANDUM OPINION1 ---------On March 13, 2018, as part of a plea-bargain agreement, appellant Adam Arif pleaded guilty to evading arrest or detention, and the trial court sentenced him in accordance with the agreement to two years’ confinement.2 The trial court filed a certification that this is a plea-bargain case, affording Arif no right to 1 See Tex. R. App. P. 47.4. 2 As part of the agreement, the State also agreed to waive the deadlyweapon and enhancement allegations included in the indictment. appeal, and that Arif waived his right to appeal as part of his guilty plea. See Tex. R. App. P. 25.2(d). Arif filed a pro se notice of appeal three days later. We notified Arif and his court-appointed attorney that the trial court had certified Arif had no right to appeal based on the plea-bargain agreement and based on his waiver and that we would dismiss the appeal unless we received a response showing grounds to continue it. See Tex. R. App. P. 25.2(d), 44.3. We have received no response. Rule 25.2 limits the right of appeal in a plea-bargain case to matters that were raised by written motion filed and ruled upon before trial or to cases in which the appellant obtained the trial court’s permission to appeal. Tex. R. App. P. 25.2(a)(2). Here, the trial court’s certification does not show that the trial court granted Arif permission to appeal, and the record includes no indication that Arif intends to challenge a pretrial ruling on a written motion filed and ruled on before trial. Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). /s/ Lee Gabriel LEE GABRIEL JUSTICE PANEL: GABRIEL, KERR, and PITTMAN, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: May 10, 2018 2
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