Rosevelt Lee Gill v. State

Opinion

Opinion issued March 10, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00509-CR ——————————— ROSEVELT LEE GILL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court Harris County, Texas Trial Court Case No. 1382563

MEMORANDUM OPINION

Appellant, Rosevelt Lee Gill, pled guilty to the offense of aggravated robbery

with a deadly weapon. In accordance with Gill’s plea bargain with the State, the

trial court sentenced Gill on May 16, 2014 to thirty years in the Institutional Division of the Texas Department of Criminal Justice. On June 9, 2014, Gill 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 Panel consists of Justices Bland, Brown, and Lloyd.

Do not publish.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