Steve Wayne Silas v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2018
• Docket: 05-17-01479-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed January 29, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01479-CR

STEVE WAYNE SILAS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-81379-2017

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Lang-Miers Steve Wayne Silas filed his pro se notice of appeal on December 27, 2017. We abated for

a hearing in the trial court. After reviewing the documents on file and the trial court’s findings of

fact, we dismiss this appeal for want of jurisdiction.

Rule 25.2(a)(2) provides that in a plea-bargained case in which the trial court assesses a

punishment that does not exceed the punishment to which the defendant agreed, the defendant may

appeal only those matters raised by written motion filed and ruled on before trial or after getting

the trial court’s permission to appeal. See TEX. R. APP. P. 25.2(a)(2). If an appellant has no right

to appeal, we must dismiss the appeal without further action. See Chavez v. State, 183 S.W.3d

675, 680 (Tex. Crim. App. 2006). As noted, we abated the appeal for a hearing to determine whether appellant was entitled

to court-appointed counsel. We also requested a copy of the trial court’s certification of appellant’s

right to appeal. After receiving the findings and the reporter’s record from the hearing, we adopted

the trial court’s findings that (1) appellant had appointed counsel for the hearing, (2) he entered

into a plea agreement with the State in which he waived his right to appeal, (3) there were no

pretrial written motions ruled on prior to trial, (4) the trial court did not give permission to appeal,

and (5) appellant admitted at the hearing he knew he did not have a right to appeal. In light of this,

we conclude we must dismiss this appeal without further action. See id.

We dismiss this appeal for want of jurisdiction.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

171479F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

STEVE WAYNE SILAS, Appellant On Appeal from the 416th Judicial District Court, Collin County, Texas No. 05-17-01479-CR V. Trial Court Cause No. 416-81379-2017. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Fillmore and Stoddart participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered this 29th day of January, 2018.

–3–