Rachel Elizabet Johnson v. State

• Court: Court of Appeals of Texas
• Decided: January 14, 2016
• Docket: 01-15-01012-CR
• Status: Published

Opinion

Opinion issued January 14, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-01012-CR ——————————— RACHEL ELIZABET JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court Harris County, Texas Trial Court Case No. 1446115

MEMORANDUM OPINION

Appellant, Rachel Elizabet Johnson, pled guilty to the felony offense of

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

accordance with the terms of appellant’s plea bargain agreement with the State, sentenced appellant to 5 years of community supervision and imposed a $400 fine.

Appellant filed a pro se 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. 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 Justices Higley, Huddle, and Lloyd.

Do not publish.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