Tyus Anson Dudley v. State

• Court: Court of Appeals of Texas
• Decided: July 5, 2006
• Docket: 12-06-00224-CR
• Status: Published

Opinion

        NO. 12-06-00224-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TYUS DUDLEY,                                           §          APPEAL FROM THE 241ST

APPELLANT

V.                                                                    §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant pleaded guilty to the offense of evading arrest or detention.  The trial court assessed punishment at confinement for twelve months.  We have received the trial court’s certification showing that this is a plea bargain case and that Appellant has no right to appeal.  See Tex. R. App. P. 25.2.  Appellant states in his notice of appeal that he wishes to assert ineffective assistance of counsel on appeal.  However, the clerk’s record shows that Appellant pleaded guilty and that the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by Appellant.  See Tex. R. App. P. 25.2(2).  Therefore, Appellant may appeal only those matters that were 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(2)(A), (B).  Appellant has not satisfied either criterion.  Accordingly, the appeal is dismissed for want of jurisdiction.

Opinion delivered July 5, 2006.

Panel consisted of Worthen, C.J. and Griffith, J.

(DO NOT PUBLISH)