Shawn Ryan Carville v. State ( 2010 )

Opinion issued November 10, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00198-CR

____________

SHAWN RYAN CARVILLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1234220

MEMORANDUM OPINION

          Appellant, Shawn Ryan Carville, pleaded guilty to the offense of robbery and “true” to the allegation in an enhancement paragraph that he had previously been convicted of a felony offense.  The trial court found appellant guilty, found the enhancement allegation true, and, in accordance with appellant’s plea agreement with the State, assessed his punishment at confinement for twelve years.  Appellant, proceeding pro se, has filed a notice of appeal.  We dismiss the appeal.

The record reflects that the trial court certified that
“this is a plea bargain case, and the defendant has no right of appeal.”  See Tex. R. App. P. 25.2(a)(2), (d).  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 “without further action.” 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, Alcala, and Sharp.

Do not publish. Tex. R. App. P. 47.2(b).