Brandy Lee Hernandez, Appellant v. The State of Texas, Appellee (2016)

MEMORANDUM OPINION

Appellant, Brandy Lee Hernandez, pleaded guilty to the offense of theft.  The trial court found appellant guilty and, in accordance with the terms of her plea bargain agreement with the State, sentenced her to confinement in state jail for 180 days.  Appellant filed a pro se notice of appeal.  We dismiss the appeal.

In a plea bargain case, a defendant may only appeal 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).  An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record.  See Tex.R.App. P. 25.2(d).

Here, the trial court's certification is included in the record on appeal.  See id.  The trial court's certification states that this is a plea bargain case and that the defendant has no right of appeal.  See Tex.R.App. P. 25.2(a)(2).  Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal.  The record supports the trial court's certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex.Crim.App.2005).  Because appellant has no right of appeal, we must dismiss this appeal.  See Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006) ( “A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM