Dashun Devon Rhodes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 8, 2024
• Docket: 14-24-00407-CR
• Status: Published

Opinion

Appeal dismissed and Memorandum Opinion filed August 8, 2024.

In The

Fourteenth Court of Appeals ____________

NO. 14-24-00407-CR ____________

DASHUN DEVON RHODES, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court Harris County, Texas Trial Court Cause Nos. 1763773

MEMORANDUM OPINION

Appellant entered a plea of guilty to a charge of aggravated robbery with a deadly weapon. The record reflects that in exchange for appellant’s guilty plea, the State agreed to dismiss two other criminal charges against appellant. The trial court assessed punishment and sentenced appellant to imprisonment for 15 years. We dismiss the appeal.

Consistent with the agreement between the parties, the trial court certified that this was a plea-bargain case and that appellant had no right of appeal. See Tex. R. App. P. 25.2(a)(2). An agreement under which the State dismisses a criminal proceeding in exchange for a guilty plea is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2). Kennedy v. State, 297 S.W.3d 338, 342 (Tex. Crim. App. 2009); Shankle v. State, 119 S.W.3d 808, 813–14 (Tex. Crim. App. 2003).

Because appellant’s plea was made pursuant to a plea bargain, he may appeal only matters raised by a written pretrial motion or with the trial court’s permission. See Tex. R. App. P. 25.2(a)(2). Appellant is not appealing any pretrial rulings. The record does not contain any adverse pre-trial rulings.

We dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b).