Adam John Goras III v. The State of Texas Appeal from 371st District Court of Tarrant County (memorandum opinion)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-18-00314-CR ADAM JOHN GORAS III APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1544315D ---------- MEMORANDUM OPINION1 ---------On June 27, 2018, as part of a plea-bargain agreement, appellant Adam John Goras III pleaded guilty to evading arrest or detention, and the trial court sentenced him in accordance with the agreement to one year’s confinement in a state-jail facility.2 The trial court filed a certification that this is a plea-bargain 1 See Tex. R. App. P. 47.4. 2 As part of the agreement, the State also agreed to waive the enhancement allegation in the indictment. case, affording Goras no right to appeal. See Tex. R. App. P. 25.2(d). Goras filed a pro se notice of appeal from the judgment. We notified Goras and his court-appointed attorney that the trial court had certified Goras had no right to appeal based on the plea-bargain agreement 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 Goras permission to appeal, and the record includes no indication that Goras 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 DO NOT PUBLISH Tex.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: August 30, 2018 2

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