Sherrod Goodspeed v. The State of Texas Appeal from 371st District Court of Tarrant County (memorandum opinion)

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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00146-CR ___________________________ SHERROD GOODSPEED, Appellant V. THE STATE OF TEXAS On Appeal from the 371st District Court Tarrant County, Texas Trial Court No. 1651751D Before Womack, Wallach, and Walker Memorandum Opinion by Justice Womack MEMORANDUM OPINION Appellant Sherrod Goodspeed attempts to appeal his conviction for aggravated assault with a deadly weapon. Because Goodspeed pleaded guilty under a pleabargain agreement, which the trial court followed, and because the trial court certified Goodspeed had no right to appeal, we dismiss. Under a plea-bargain agreement with the State, Goodspeed pleaded guilty to aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2). The trial court found Goodspeed guilty of the offense and, following the terms of the plea agreement, sentenced him to two years’ confinement. Goodspeed filed a notice of appeal, and the trial court certified that he had pleaded guilty under a plea-bargain agreement with no right to appeal. See Tex. Code Crim. Proc. Ann. art. 44.02; Tex. R. App. P. 25.2(a)(2). We notified Goodspeed of the certification and warned 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 received no response. The right to appeal a conviction arising from a plea-bargain agreement is limited 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. See Tex. Code Crim. Proc. Ann. art. 44.02; Tex. R. App. P. 25.2(a)(2). The trial court’s certification in this case does not show that Goodspeed was granted permission to appeal, nor does the record indicate that Goodspeed intends to challenge a ruling on a written motion filed and ruled on before he pleaded guilty. 2 Thus, we dismiss Goodspeed’s appeal in accordance with the trial court’s certification. See Tex. R. App. P. 25.2(d), 43.2(f). /s/ Dana Womack Dana Womack Justice Do Not Publish Tex. R. App. P. 47.2(b) Delivered: December 16, 2021 3

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