Jokobai Zanta Linton v. State

• Court: Court of Appeals of Texas
• Decided: November 13, 2014
• Docket: 01-14-00570-CR
• Status: Published

Opinion

Opinion issued November 13, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00570-CR ——————————— JOKOBAI ZANTA LINTON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case No. 12-DCR-061313

MEMORANDUM OPINION

Appellant, Jokobai Zanta Linton, pleaded guilty to the felony offense of

burglary of a habitation. See TEX. PENAL CODE ANN. § 30.02 (West 2011). The

trial court found appellant guilty of the charge, and, in accordance with the terms

of appellant’s plea bargain agreements with the State, sentenced appellant to confinement for 10 years. Appellant filed a pro se 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. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West

2006); 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).

Here, the trial court’s certification is included in the record on appeal. See id.

The trial court’s certification states that this is a plea bargain case and that the

defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The records

support the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615

(Tex. Crim. App. 2005). Further, Linton signed a waiver of his right to appeal,

which is also part of the record. Because appellant has no right of appeal, we must

dismiss the appeal. 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)(2), must

dismiss a prohibited appeal without further action, regardless of the basis for the

appeal.”).

2 Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any

pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle.

Do not publish.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