Deion Sergent v. the State of Texas

Opinion

Opinion issued July 24, 2025

In The

Court of Appeals

For The

First District of Texas

In a plea-bargain case, a defendant may only appeal those matters that were raised by written motion filed and ruled on before trial or after getting the trial court's permission to appeal. See TEX. CODE CRIM. PROC. art. 44.02; 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); see Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). Here, the clerk’s record supports the trial court’s certification that this is a plea- bargain case and that appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d); Dears, 154 S.W.3d at 615. Because appellant has no right of appeal, we must dismiss this appeal without further action. 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), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss this appeal for lack of jurisdiction. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson. Do not publish. TEX. R. APP. P. 47.2(b).

Footnotes

1. NO. 01-24-00942-CR ——————————— DEION SERGENT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 412th District Court Brazoria County, Texas Trial Court Case No. 100288-CR MEMORANDUM OPINION Appellant, Deion Sergent, pleaded guilty to the third-degree felony offense of assault of a public servant. In accordance with appellant’s plea agreement with the State, the trial court sentenced appellant to five years’ imprisonment. Appellant, acting pro se, filed a notice of appeal. We dismiss the appeal.