27 2011 2011 25 43 25 25 183 675 680 2006 25 43 183 680 v. << (2011)

Court of Appeals of Texas, Waco.

On July 15, 2011, we notified the trial court that its certification was defective and ordered an amended certification of Williams's right to appeal to state that this case is a plea-bargained case and to indicate whether any matters were raised by written motion filed and ruled on before trial or whether the trial court has given Williams permission to appeal.  See Tex.R.App. P. 25.2(a)(2), (d), (f), 37.1;  Dears v. State, 154 S.W.3d 610, 613–15 (Tex.Crim.App.2005).  On July 25, 2011, we received the trial court's amended certification of Williams's right to appeal.  The certification states that this “is a plea-bargain case, and the defendant has NO right of appeal.” On July 27, 2011, we sent the parties a letter notifying them that the appeal may be dismissed unless, by August 8, 2011, any party filed a response showing grounds for continuing the appeal based upon the new certification.  See Tex.R.App. P. 25.2(d), 43.2(f).  We did not receive any responses.  Rule 25.2(a)(2) provides that a plea-bargaining defendant may appeal only matters that were raised by written motion filed and ruled on before trial or after getting the trial court's permission to appeal.  Tex.R.App. P. 25.2(a)(2);  Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006) (requiring appellate courts to dismiss prohibited appeal without further action, regardless of basis for appeal).  Williams's basis for appeal does not concern matters raised by any written motion filed and ruled on before trial, and the trial court's amended certification of appeal does not otherwise give Williams the right to appeal.  Consequently, because Williams has no right to appeal, we dismiss the appeal.  See Tex.R.App. P. 25.2(d), 43.2(f);  Chavez, 183 S.W.3d at 680.

NO. 02–10–00475–CR

Decided: August 23, 2011