Paul Irvin v. State ( 2019 )

Opinion issued January 15, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-01015-CR
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PAUL IRVIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Case No. 1593307
MEMORANDUM OPINION
Appellant, Paul Irvin, pleaded guilty to the offense of aggravated assault with
a deadly weapon. See TEX. PENAL CODE § 22.02(a). In accordance with the terms of
a plea-bargain agreement, the trial court signed a judgment of conviction imposing
a sentence of 10 years in the Institutional Division of the Texas Department of
Criminal Justice. Irvin filed a 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. art. 44.02; 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 Irvin 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.
PER CURIAM
Panel consists of Justices Lloyd, Kelly, and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).
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