APPELLANT v. << (2012)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

The State of Texas

STATE

MEMORANDUM OPINION1

Appellant Freddie Schmidt attempts to appeal from his conviction for violation of civil commitment requirements for sexually violent predators.   The trial court's certification of Appellant's right to appeal states that this “is a plea-bargain case, and the defendant has NO right of appeal.”   See Tex.R.App. P. 25.2(a)(2).   On April 9, 2012, we notified Appellant that this appeal could be dismissed unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.   Appellant filed a pro se response that does not present grounds for continuing the appeal and that contains a request for appointed counsel on 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 court's permission to appeal.   See Tex.R.App. P. 25.2(a)(2).   Because the trial court's certification reflects that Appellant has no right of appeal, we deny Appellant's request for appointment of counsel as moot and dismiss this appeal for want of jurisdiction.   See Tex.R.App. P. 25.2(a)(2), (d), 43.2(f).

PANEL:  GARDNER, WALKER, and MCCOY, JJ.

Tex.R. App. P. 47.2(b)

DELIVERED:  May 10, 2012

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.