Ronald Wayne Earls v. State ( 2017 )

Opinion issued November 9, 2017
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-17-00312-CR
———————————
RONALD WAYNE EARLS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Case No. 1466294
MEMORANDUM OPINION
Appellant, Ronald Wayne Earls, pleaded guilty to the felony offense of
aggravated robbery with a deadly weapon. The trial court found appellant guilty and,
in accordance with the terms of appellant’s plea bargain agreement with the State,
sentenced appellant to 10 years’ incarceration. Appellant filed a 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).
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 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
Panel consists of Justices Jennings, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
2