ONeal Guidry v. State

• Court: Court of Appeals of Texas
• Decided: April 20, 2017
• Docket: 01-17-00104-CR
• Status: Published

Opinion

Opinion issued April 20, 2017

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-17-00104-CR ——————————— ONEAL GUIDRY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court Harris County, Texas Trial Court Case No. 1477363

MEMORANDUM OPINION

Appellant, Oneal Guidry, pleaded guilty to the offense of arson. In accordance

with the terms of the plea-bargain agreement, the trial court sentenced appellant to

2 years’ incarceration. Appellant filed a notice 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 certification is included in the record on appeal. See id.

The trial court’s certification states that this is a plea-bargain case and that the

defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The record supports

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 this appeal.

See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

Accordingly, we dismiss the appeal for want of jurisdiction. We 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 Do not publish.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).