ROBERT WILLIAM MOODY v. THE STATE OF TEXAS

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

ROBERT WILLIAM MOODY, Appellant v. THE STATE OF TEXAS, Appellee

NO. 01-16-00910-CR

Decided: February 23, 2017

Panel consists of Chief Justice Radack and Justices Jennings and Bland.

MEMORANDUM OPINION

Appellant, Robert William Moody, pleaded guilty to the felony offense of possession of a firearm by a felon 1 and pleaded true to allegations in felony enhancement paragraphs.2 The trial court found appellant guilty, found the enhancements true, and, in accordance with the terms of appellant's plea bargain agreement with the State, sentenced appellant to thirty years in prison. 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. 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 id. 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 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. We dismiss any pending motions as moot.

FOOTNOTES

1.   See TEX. PENAL CODE ANN. § 46.04(a) (West 2011).

2.   See TEX. PENAL CODE ANN. § 12.42(a) (West Supp. 2016).

PER CURIAM