Shawn Anderson v. The State of Texas Appeal from 7th District Court of Smith County (memorandum opinion per curiam)
Annotate this Case
Download PDF
NO. 12-15-00127-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS SHAWN ANDERSON, APPELLANT § APPEAL FROM THE 7TH V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Pursuant to a plea bargain agreement with the State, Appellant, Shawn Anderson, pleaded guilty to the offense of aggravated sexual assault. Appellant, his counsel, and counsel for the State signed various documents relating to the plea, including an agreed punishment recommendation of imprisonment for twenty-five years. In accordance with the plea agreement, the trial court sentenced Appellant to imprisonment for twenty-five years. The trial court also certified to this court that this is a plea bargain case, and Appellant has no right to appeal. The certification is signed by the trial court, Appellant, and Appellant’s counsel. See TEX. R. APP. P. 25.2(a)(2). Texas Rule of Appellate Procedure 25.2(a)(2) limits a defendant’s right to appeal in a plea bargain case when he pleads guilty and his punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). Under those circumstances, the defendant may appeal only (1) matters raised by written motion and ruled on before trial or (2) after getting the trial court’s permission to appeal. Id. Here, the trial court did not give Appellant permission to appeal, and the trial court did not rule on any pretrial motions. Therefore, we conclude that the certification of the right of appeal filed by the trial court is supported by the record and that Appellant has no right to appeal. 1 Accordingly, we dismiss the appeal “without further action.” See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Opinion delivered May 20, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (DO NOT PUBLISH) 1 Under the terms of the plea bargain agreement, Appellant expressly waived the right to appeal. 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MAY 20, 2015 NO. 12-15-00127-CR SHAWN ANDERSON, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 007-1622-14) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
