George Henry Bundrant v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

Annotate this Case
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00107-CR
______________________________
GEORGE HENRY BUNDRANT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 402nd Judicial District Court
Wood County, Texas
Trial Court No. 17,128-2002
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

George Henry Bundrant entered into a plea agreement and subsequently pled guilty to, and was convicted of, sexual assault of a child (enhanced). The trial court set punishment at twenty years' imprisonment, within the terms of the plea agreement. Bundrant now appeals.

In accordance with Rule 25.2(a)(2), the trial court filed a certification of defendant's right of appeal, stating this matter "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).

Under amended Rule 25.2(a)(2), Bundrant was entitled to appeal only "those matters that were raised by written motion filed and ruled on before trial," or "after getting the trial court's permission to appeal." (1) The trial court certified that neither of these circumstances apply by stating that there is no right of appeal. See Comb v. State, 101 S.W.3d 724 (Tex. App.-Houston [1st Dist.] 2003, no pet. h.). (2)

We hold that we lack jurisdiction (3) over this appeal and therefore dismiss it.

 

Josh R. Morriss, III,

Chief Justice

Date Submitted: July 16, 2003

Date Decided: July 17, 2003

 

Do Not Publish

1. Effective January 1, 2003, the Texas Rules of Appellate Procedure were amended. Bundrant's notice of appeal invoking appellate jurisdiction was filed after the effective date of the amended rules. The amended rules therefore apply to this appeal. Rule 25.2(a) was amended and now reads, in pertinent part:

 

(2) A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant-a defendant may appeal only:

(A) those matters that were raised by written motion filed and ruled on before trial, or

(B) after getting the trial court's permission to appeal.

 

Tex. R. App. P. 25.2(a).

2. A plea agreement rests on the basis that it and the resulting guilty plea are voluntarily and understandably made; an involuntary plea, however, may be raised by a motion for new trial and habeas corpus, but not on appeal. Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001).

3. We have jurisdiction to determine whether we have jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

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