Gregory Davis v. State

• Court: Court of Appeals of Texas
• Decided: October 4, 2018
• Docket: 01-18-00797-CR
• Status: Published

Opinion

Opinion issued October 4, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00797-CR ——————————— GREGORY DAVIS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court Harris County, Texas Trial Court Case No. 1572354

MEMORANDUM OPINION

Appellant Gregory Davis pleaded guilty to the third-degree felony offense of

possession of a controlled substance. See TEX. PENAL CODE § 481.115. In

accordance with the terms of a plea bargain, the trial court sentenced appellant to 4

years in prison. Representing himself, Davis filed a notice of appeal. In a plea bargain case, a defendant may appeal only matters raised by a written

motion that was filed and ruled upon before trial, or after obtaining the trial court’s

permission to appeal. TEX. CODE CRIM. PROC. art. 44.02; TEX. R. APP. P. 25.2(a)(2).

Neither applies in this case.

We must dismiss a criminal appeal if a certification showing that the appellant

has a right to appeal has not been made part of the record under the rules of appellate

procedure. See TEX. R. APP. P. 25.2(d). The trial court’s certification states that this

is a plea bargain case and Davis has no right of appeal. Because this is a plea-bargain

case, appellant has no right to appeal.

Accordingly, we dismiss this appeal. See Chavez v. State, 183 S.W.3d 675,

680 (Tex. Crim. App. 2006). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).