Joe Aguirre v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 24, 2024
• Docket: 08-24-00108-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JOE AGUIRRE, § No. 08-24-00108-CR

Appellant, § Appeal from the

v. § 466th District Court

THE STATE OF TEXAS, § of Comal County, Texas

Appellee. § (TC# CR2017-339E)

MEMORANDUM OPINION

Joe Aguirre is attempting to appeal his conviction for 11 counts of possession with intent

to promote child pornography.1 Because Aguirre does not have the right to appeal his conviction,

we dismiss for lack of jurisdiction.

Texas Rule of Appellate Procedure 25.2(a)(2) requires a trial court to enter its certification

of a defendant’s right of appeal each time it enters a judgment of guilt or other appealable order.

Tex. R. App. P. 25.2(a)(2). The record before us supports the trial court’s certification that

Appellant does not have the right to appeal his judgment and sentence; Appellant waived his right

to a jury trial and entered a negotiated guilty plea. In a plea-bargain case such as this, a defendant

1 This case was transferred from the Third Court of Appeals pursuant to a Supreme Court of Texas docket equalization order. See Tex. Gov’t Code Ann. § 73.001. We follow the precedent of the Third Court of Appeals to the extent it might conflict with our own. See Tex. R. App. P. 41.3. may only appeal matters raised by written motion and ruled on before trial, or after acquiring the

trial court’s permission to appeal. Tedford v. State, No. 08-21-00003-CR, 2021 WL 717603, at *1

(Tex. App.—El Paso Feb. 24, 2021, no pet.) (mem. op., not designated for publication). The record

before us does not indicate that Appellant is attempting to appeal any pretrial motions ruled upon

by the trial court. Nor does it reflect that Aguirre obtained the trial court’s permission to appeal

any issues. As such, we lack jurisdiction over this appeal. Id.

Accordingly, we dismiss this appeal for lack of jurisdiction.

LISA J. SOTO, Justice

May 24, 2024

Before Palafox and Soto, JJ., and Barajas, C.J., (Ret.) Barajas, C.J., (Ret.), (sitting by assignment) Palafox, J., concurring