Darrell Franklin Clay, Jr. v. State, No. 01-14-00340-CR (Tex. App.—Houston [1st Dist.] July 1, 2014). · Go Syfert
Darrell Franklin Clay, Jr. v. State, No. 01-14-00340-CR (Tex. App.—Houston [1st Dist.] July 1, 2014). Book View Copy Cite
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Darrell Franklin Clay, Jr.
v.
State
01-14-00340-CR.
Court of Appeals of Texas.
Jul 1, 2014.
Unpublished opinion
Opinion issued July 1, 2014

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-14-00340-CR
———————————
DARRELL FRANKLIN CLAY, JR., Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court
Harris County, Texas
Trial Court Case No. 1341793

MEMORANDUM OPINION

Appellant, Darrell Franklin Clay, Jr., pleaded guilty to the felony offense of aggravated assault.[1] The trial court found appellant guilty and, in accordance with the terms of appellant’s plea bargain agreement with the State, sentenced appellant to three years’ confinement. Appellant filed a pro se notice of appeal. We dismiss the 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.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).


1 See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011).