Joe Richard Randle v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 8, 2024
• Docket: 01-24-00314-CR
• Status: Published

Opinion

Opinion issued August 8, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00314-CR ——————————— JOE RICHARD RANDLE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court Harris County, Texas Trial Court Case No. 1739960

MEMORANDUM OPINION

Appellant, Joe Richard Randle, pleaded guilty to the felony offense of evading

arrest or detention with a vehicle. In accordance with appellant’s plea agreement

with the State, the trial court sentenced appellant to two years’ imprisonment.

Appellant, acting pro se, filed a notice of appeal. We dismiss the appeal. 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 Justices Landau, Countiss, and Guerra.

Do not publish. TEX. R. APP. P. 47.2(b).