Tiffany Herrera v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 11, 2024
• Docket: 14-24-00270-CR
• Status: Published

Opinion

Appeals dismissed and Memorandum Opinion filed July 11, 2024.

In The

Fourteenth Court of Appeals ____________

NO. 14-24-00269-CR NO. 14-24-00270-CR ____________

TIFFANY HERRERA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court Harris County, Texas Trial Court Cause Nos. 1832938 & 1832940

MEMORANDUM OPINION

Appellant entered a plea of no guilty to two charges of causing bodily injury to a child under fifteen years of age. The record reflects that in exchange for appellant’s guilty pleas, the State agreed to dismiss a third criminal charge against appellant. We dismiss the appeals.

Consistent with the agreement between the parties, the trial court certified that each of these cases was a plea bargain case and that appellant had no right of appeal. See Tex. R. App. P. 25.2(a)(2). An agreement under which the State dismisses a criminal proceeding in exchange for a guilty plea is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2). Kennedy v. State, 297 S.W.3d 338, 342 (Tex. Crim. App. 2009); Shankle v. State, 119 S.W.3d 808, 813– 14 (Tex. Crim. App. 2003).

Because appellant’s pleas were made pursuant to a plea bargain, she may appeal only matters raised by a written pre-trial motion or with the trial court’s permission. See Tex. R. App. P. 25.2(a)(2). Appellant is not appealing any pre- trial rulings. The record does not contain any adverse pre-trial rulings.

Accordingly, we dismiss the appeals.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b).