Rachel Elizabet Johnson v. State ( 2016 )

Opinion issued January 14, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01012-CR
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RACHEL ELIZABET JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court
Harris County, Texas
Trial Court Case No. 1446115
MEMORANDUM OPINION
Appellant, Rachel Elizabet Johnson, pled guilty to the felony offense of
possession of a controlled substance. The trial court found appellant guilty and, in
accordance with the terms of appellant’s plea bargain agreement with the State,
sentenced appellant to 5 years of community supervision and imposed a $400 fine.
Appellant 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 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.
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PER CURIAM
Panel consists of Justices Higley, Huddle, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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