Paul Leymon Paige v. State

• Court: Court of Appeals of Texas
• Decided: February 13, 2014
• Docket: 01-13-00666-CR
• Status: Published

Opinion

Opinion issued February 13, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00666-CR ——————————— PAUL LEYMON PAIGE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court Harris County, Texas Trial Court Case No. 1387998

MEMORANDUM OPINION

Appellant, Paul Leymon Paige, pleaded guilty to the state jail felony offense

of possession of a controlled substance.1 The trial court found appellant guilty and,

in accordance with the terms of appellant’s plea bargain agreement with the State,

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(a), (b) (West 2010). sentenced appellant to ten months’ confinement. Appellant filed a pro se 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. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West

2006); 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) (“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.”).

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any

pending motions as moot.

2 PER CURIAM Panel consists of Chief Justice Radack and Justices Massengale and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).