Rusty Terry, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, Houston (1st Dist.).

Rusty Terry, Appellant v. The State of Texas, Appellee

NO. 01–15–00630–CR

Decided: January 28, 2016

Panel consists of Justices Higley, Huddle, and Lloyd.


Appellant, Rusty Terry, pled guilty to the offense of evading arrest by motor vehicle.  In accordance with Terry's plea bargain with the State, the trial court sentenced Terry on June 8, 2015 to two years in the Institutional Division of the Texas Department of Criminal Justice.  On June 19, 2015, Terry filed a pro se notice of 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.  Tex.Code Crim. Proc. Ann. art. 44.02 (West 2006);  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).

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).  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 pleabargained 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.  We dismiss any pending motions as moot.


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