Shawn Anderson, Appellant v. The State of Texas, Appellee (2015)

MEMORANDUM OPINION

Pursuant to a plea bargain agreement with the State, Appellant, Shawn Anderson, pleaded guilty to the offense of aggravated sexual assault.   Appellant, his counsel, and counsel for the State signed various documents relating to the plea, including an agreed punishment recommendation of imprisonment for twenty-five years.   In accordance with the plea agreement, the trial court sentenced Appellant to imprisonment for twenty-five years.   The trial court also certified to this court that this is a plea bargain case, and Appellant has no right to appeal.   The certification is signed by the trial court, Appellant, and Appellant's counsel.   See Tex.R.App. P. 25.2(a)(2).

Texas Rule of Appellate Procedure 25.2(a)(2) limits a defendant's right to appeal in a plea bargain case when he pleads guilty and his punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant.   See Tex.R.App. P. 25.2(a)(2).   Under those circumstances, the defendant may appeal only (1) matters raised by written motion and ruled on before trial or (2) after getting the trial court's permission to appeal.   Id. Here, the trial court did not give Appellant permission to appeal, and the trial court did not rule on any pretrial motions.   Therefore, we conclude that the certification of the right of appeal filed by the trial court is supported by the record and that Appellant has no right to appeal.¹  Accordingly, we dismiss the appeal “without further action.”   See Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006).

FOOTNOTES

1.   Under the terms of the plea bargain agreement, Appellant expressly waived the right to appeal.

PER CURIAM