Maria Dulce Martinez v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2004
• Docket: 13-01-00618-CR
• Status: Published

Opinion

NUMBERS 13-01-449-CR & 13-01-618-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

MARIA DULCE MARTINEZ,                                                        Appellant,

v.

THE STATE OF TEXAS,                                                             Appellee.

On appeal from the 103rd District Court of Cameron County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

          In accordance with a plea bargain agreement, Maria Dulce Martinez pled guilty to injury to a child (five counts) and unauthorized use of a vehicle (two counts). The trial court assessed punishment at fifteen years confinement for the former offense and two years for the latter, with the sentences to be served concurrently. Martinez seeks to appeal the conviction and punishment in both cases. We dismiss.

          Texas Rule of Appellate Procedure 25.2(a)(2) limits a defendant’s right of appeal in plea bargain cases. See Tex. R. App. P. 25.2(a)(2). “In plea bargain cases, rule 25.2(a)(2) only allows a defendant to appeal matters raised by written motion filed and ruled on before trial or if the defendant has the trial court’s permission to appeal.” Sanchez v. State, 109 S.W.3d 760, 761 (Tex. App.–San Antonio 2003, no pet.).

          Here, Martinez failed to secure a ruling on any of her pre-trial motions. Furthermore, the trial court signed certifications stating that the underlying cases are plea-bargain cases “and the defendant has NO right of appeal.”

          We dismiss these cases because Martinez has failed to establish that she has a right to appeal from these plea bargain cases.

                                                                                                PER CURIAM

Do not publish. Tex. R. App. P. 47.2(b).

Opinion delivered and filed this the

29^th day of January, 2004.