CHRISTOPHER JAMES JACKSON v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant, Christopher James Jackson, with counsel, pleaded guilty to the first-degree felony offense of murder, with an agreed punishment recommendation that he receive forty years' confinement.¹ In accordance with the terms of his plea bargain with the State, the trial court found appellant guilty and assessed his punishment at forty years' confinement.² The trial court certified that this was a plea-bargain case and that appellant had no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant, while proceeding pro se, timely filed a notice of appeal in the trial court. See id. 26.2(a)(1). Then the trial court appointed appellant new counsel on appeal. We dismiss this appeal for want of jurisdiction.

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. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West Supp. 2016); 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. TEX. R. APP. P. 25.2(d); see Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).

Here, the trial court's certification is included with the notice of appeal and states that this is a plea-bargain case and that appellant has no right of appeal, and the trial court did not give its permission to appeal any matters. See TEX. R. APP. P. 25.2(a)(2), (d); Dears, 154 S.W.3d at 615. The clerk's record, filed in this Court, support the trial court's certification. See Dears, 154 S.W.3d at 615. Because appellant has no right of appeal, we must dismiss this appeal without further action. 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), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f).

FOOTNOTES

1.   See TEX. PENAL CODE ANN. § 19.02(b)(1), (2), (c) (West Supp. 2016).

2.   See TEX. PENAL CODE ANN. § 12.32(a) (West Supp. 2016).

PER CURIAM