HERIBERTO GUERRA MARTINEZ v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Lang

Heriberto Guerra Martinez pleaded guilty to unlawful use of a criminal instrument.   See Tex. Penal Code Ann. § 16.01(a), (b)(1) (West Supp.2011).   Pursuant to the plea agreement, the trial court assessed punishment at six months' confinement in a state jail facility and a $1,500 fine.   Appellant waived his right to appeal in conjunction with the plea agreement.   See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000).   The trial court's certification states both that the case involves a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal.   See Tex.R.App. P. 25.2(d);  Dears v. State, 154 S.W.3d 610, 614–15 (Tex.Crim.App.2005).

Appellant filed a notice of appeal acknowledging the plea agreement, but stating his guilty plea was not knowingly and voluntarily made.  Texas Rule of Appellate Procedure 25.2(a)(2) does not permit the voluntariness of the plea to be raised on appeal from a plea-bargained guilty plea.   See Cooper v. State, 45 S.W.3d 77, 83 (Tex.Crim.App.2001);  see also Tex.R.App. P. 25.2(a)(2) (specifying matters that may be raised by defendant on appeal from plea bargain).   Therefore, based on the documents before us, we conclude we have no jurisdiction over the appeal.   See Cooper, 45 S.W.3d at 83.

We dismiss the appeal for want of jurisdiction.

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

HERIBERTO GUERRA MARTINEZ, Appellant

No. 05–12–00833–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the 382nd Judicial District Court of Rockwall County, Texas.  (Tr.Ct.No.2–12–13).

Opinion delivered by Justice Lang, Justices Bridges and Francis participating.   Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered July 13, 2012.

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE

DOUGLAS S. LANG JUSTICE