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Sarai Perez Bautista
v.
State
v.
State
01-13-00397-CR.
Court of Appeals of Texas.
Apr 8, 2014.
Unpublished opinion
Published
Opinion issued April 8, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00397-CR
———————————
SARAI PEREZ BAUTISTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Case No. 1379848
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00397-CR
———————————
SARAI PEREZ BAUTISTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Case No. 1379848
MEMORANDUM OPINION
Appellant, Sarai Perez Bautista, pleaded guilty to the felony offense of tampering with a governmental record.[1] The trial court found Bautista guilty and, in accordance with the terms of her plea bargain agreement with the State, 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, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
1 See TEX. PENAL CODE ANN. § 37.10 (West 2011). sentenced her to 60 days confinement in the Harris County jail pursuant to Section 12.44(a) of the Texas Penal Code. See TEX. PENAL CODE. ANN. § 12.44 (West 2011) (permitting trial court to assess punishment within the range of a Class A misdemeanor when “such punishment would best serve the ends of justice.”). Bautista filed a 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. See 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. See 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). Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. 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