Juron Shimark Lott v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 15, 2025
• Docket: 01-25-00072-CR
• Status: Published

Opinion

Opinion issued April 15, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00072-CR NO. 01-25-00073-CR ——————————— JURON SHIMARK LOTT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court Harris County, Texas Trial Court Case Nos. 1859389 & 1866259

MEMORANDUM OPINION

Appellant Juron Shimark Lott pleaded guilty to two counts of aggravated

sexual assault of a child under the age of 14 years. See TEX. PENAL

CODE § 22.021(a)(1)(B). In accordance with the terms of a plea-bargain agreement,

the trial court signed a judgment of conviction in each cause, imposing a sentence of 15 years in the Correctional Institutions Division of the Texas Department of

Criminal Justice, with sentences to run concurrently. Appellant filed pro se notices

of 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. 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).

Here, the trial court’s certifications are included in the records on appeal. See

id. The trial court’s certifications state that these are both plea bargain cases 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). Because appellant has no right of appeal, we must dismiss these

appeals. 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.”).

Accordingly, we dismiss these appeals for want of jurisdiction. We dismiss

any pending motions as moot.

PER CURIAM

2 Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.

Do not publish.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