Nachieli Zepeda-Garcia v. State

• Court: Court of Appeals of Texas
• Decided: August 30, 2018
• Docket: 01-18-00328-CR
• Status: Published

Opinion

Opinion issued August 30, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00328-CR ——————————— NACHIELI ZEPEDA-GARCIA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court Harris County, Texas Trial Court Case No. 1563064

MEMORANDUM OPINION

Appellant Nachieli Zepeda-Garcia pleaded guilty to the felony offense of

assault. See TEX. PENAL CODE § 22.01. In accordance with the terms of a plea-

bargain agreement, the trial court signed a judgment of conviction imposing a two-

year prison sentence. Appellant filed a notice of appeal. In a plea bargain case, a defendant may appeal only (1) matters raised by a

written motion filed and ruled upon before trial or (2) after obtaining the trial court’s

permission to appeal. TEX. CODE CRIM. PROC. art. 44.02; TEX. R. APP. P. 25.2(a)(2).

Here, neither applies.

The trial court’s certification states 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 record supports

this conclusion. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss. 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.”).

We dismiss the appeal. We also dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).