Bradley John Moore v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 23, 2024
• Docket: 05-23-01155-CR
• Status: Published

Opinion

DISMISS and Opinion Filed February 23, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01155-CR

BRADLEY JOHN MOORE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-83497-2021

MEMORANDUM OPINION Before Chief Justice Burns, Justice Nowell, and Justice Kennedy Opinion by Chief Justice Burns Bradley John Moore appeals his conviction for two counts of indecency with

a child. In the trial court, appellant pleaded guilty pursuant to a plea bargain, and

the trial court sentenced him on each count to the agreed punishment of ten years’

imprisonment.

This Court does not have jurisdiction over an appeal from a conviction

resulting from a plea bargain unless the trial court grants permission to appeal, the

appeal is authorized by statute, or the appellant is appealing a written pretrial motion

that was ruled on before trial. See TEX. R. APP. P. 25.2(a); see also TEX. CODE CRIM. PROC. ANN. art. 44.02. There are no such motions in the record, the trial court’s

certification of defendant’s right of appeal indicates the trial court did not grant

appellant permission to appeal, the certification states appellant waived the right of

appeal, and nothing in the record indicates this appeal is authorized by statute.

The plea agreement signed by appellant includes a provision stating, “With

the Court’s approval, the defendant herein states that he/she: . . . 12. Waives the right

to appeal to the Court of Appeals.” When an appellant waives his right to appeal as

part of his plea bargain agreement with the State, a subsequent notice of appeal filed

by him fails to “initiate the appellate process,” Lundgren v. State, 434 S.W.3d 594,

599, 600 (Tex. Crim. App. 2014), and “no inquiry into even possibly meritorious

claims may be made,” Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

When an appeal from a plea bargain is not authorized by Rule 25.2, “[a] court of

appeals, while having jurisdiction to ascertain whether an appellant who plea-

bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal

without further action, regardless of the basis for the appeal.” Chavez, 183 S.W.3d

at 680.

–2– Because the record establishes we lack jurisdiction over this appeal from a

plea-bargained conviction, we dismiss the appeal for want of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 231155F.P05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BRADLEY JOHN MOORE, On Appeal from the 401st Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 401-83497- No. 05-23-01155-CR V. 2021. Opinion delivered by Chief Justice THE STATE OF TEXAS, Appellee Burns. Justices Nowell and Kennedy participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.

Judgment entered February 23, 2024.

–4–