Bruce Jay Stephens v. State

Opinion

Opinion issued March 1, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-01110-CR

____________

BRUCE JAY STEPHENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1328712

MEMORANDUM OPINION

          Appellant, Bruce Jay Stephens, pleaded guilty to the state jail felony offense of delivery of a controlled substance[1] and pleaded true to the allegations in two felony enhancement paragraphs.[2]  The trial court found appellant guilty, found the enhancements true, and, in accordance with the terms of appellant’s plea bargain agreement with the State, sentenced appellant to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  We dismiss the appeal.

In a plea bargain case, a defendant may 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.  Tex. R. App. P. 25.2(a)(2).  An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record.  Tex. R. App. P. 25.2(d).

Here, the trial court’s certification is included in the record on appeal. See id.  The trial court’s certification states that this is a plea bargain case and that the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. The record supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).  Because appellant has no right of appeal, we must dismiss this appeal.  See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“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.”).

Accordingly, we dismiss the appeal for want of jurisdiction.  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.

Do not publish.  Tex. R. App. P. 47.2(b).

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[1]           See Tex. Health & Safety Code § 481.112(b) (West 2010).

[2]           See Act of May 29, 1995, 74th Leg., R.S., ch. 318, § 1, 1995 Tex. Gen. Laws 2734, 2734-35, amended by Act of May 25, 2011, 82nd Leg., R.S., ch. 834, § 5, 2011 Tex. Gen. Laws 2104, 2104-05 (current version at Tex. Penal Code Ann. § 12.425(b) (West Supp. 2011)).