Kevin Rayshaun Banks v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 20, 2023
• Docket: 01-22-00633-CR
• Status: Published

Opinion

Opinion issued April 20, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00633-CR ——————————— KEVIN RAYSHAUN BANKS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 12th District Court Grimes County, Texas Trial Court Case No. 18974

MEMORANDUM OPINION

Appellant, Kevin Rayshaun Banks, pleaded guilty to the felony offense of

possession of a controlled substance in penalty group two in an amount of four grams

or more but less than four hundred grams. See TEX. HEALTH & SAFETY CODE §

481.116(d). In accordance with appellant’s plea agreement with the State, the trial court sentenced appellant to fifteen 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Do not publish.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).