24 2011 25 2011 25 44 25 v. 149 280 282 2004 NO 25 (2011)

Court of Appeals of Texas, Waco.

On March 24, 2011, we sent Adams a letter stating that the trial court's certification of his right to appeal states that this is a plea-bargain case and that he has no right of appeal.  See Tex.R.App. P. 25.2(a)(2).  We instructed Adams or any party desiring to continue the appeal to file a response by April 4, 2011, showing grounds for continuing the appeal or the appeal may be dismissed.  See Tex.R.App. P. 25.2(d), 44.3.  Adams filed a response, but it did not show grounds for continuing the appeal.  The Texas Rules of Appellate Procedure are clear that in a plea-bargain case, an appellant may appeal only those matters that were raised by written motion filed and ruled on before trial or after getting the trial courts permission to appeal.  Tex.R.App. P. 25.2(a)(2).  There is no exception for an adverse ruling on a motion for new trial.  See Estrada v. State, 149 S.W.3d 280, 282 (Tex.App.Houston [1st Dist.] 2004, pet. refd) (op. on reh'g).  In this case, the trial court certified that this is a plea-bargain case, and the defendant has NO right of appeal.  Without a certification from the trial court reflecting a right to appeal, we must dismiss the appeal.  See Tex.R.App. P. 25.2(d).

NO. 02–11–00083–CR

Decided: May 20, 2011