Marvin Tramaine Jobe v. State

• Court: Court of Appeals of Texas
• Decided: May 26, 2011
• Docket: 14-11-00362-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 26, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00362-CR

MARVIN TRAMAINE JOBE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 09CR3260

MEMORANDUM  OPINION

Appellant entered a guilty plea to aggravated kidnapping.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on February 1, 2011, to confinement for 30 years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant’s appointed attorney filed a notice of appeal in which he contends that appellant has the right to appeal matters raised in a motion for new trial.  Rule 25.2(a)(2)(A) permits a defendant to appeal matters raised by written motion filed and ruled on before trial.  The rule does not permit appeal of matters raised in a motion for new trial filed after sentencing.  Tex. R. App. P. 25.2(a)(2)(A).  We dismiss the appeal.

The trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court’s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court’s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). 

Accordingly, we dismiss the appeal. 

PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b)