Brandon Larue Jackson v. State ( 2013 )


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  • Opinion issued November 21, 2013.
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-13-00560-CR
    ———————————
    BRANDON LARUE JACKSON, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 248th District Court
    Harris County, Texas
    Trial Court Case No. 1323165
    MEMORANDUM OPINION
    Pursuant to an agreement with the State, appellant, Brandon Larue Jackson,
    pleaded guilty to the offense of murder.1 The trial court accepted the plea
    1
    See TEX. PEN. CODE ANN. § 19.02 (West 2011).
    agreement, assessed appellant’s punishment at confinement for forty years, and
    certified that this is a plea-bargained case and he has no right of appeal. We
    dismiss the appeal.
    In a plea-bargained case, a defendant may appeal only those matters that
    were raised by written motion and ruled on before trial or after obtaining 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 a 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 and states that
    this is a plea-bargained case and appellant has no right of appeal. See TEX. R. APP.
    P. 25.2(a)(2). The record supports the trial court’s certification.2 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),
    2
    Although appellant filed written pretrial motions for psychiatric evaluations to
    determine competency and sanity, the motions were granted and, therefore, do not
    provide a basis for appeal. See Woods v. State, 
    108 S.W.3d 314
    , 316 n.6 (Tex.
    Crim. App. 2003) (distinguishing motion for examination from court
    determination of competency). Further, the plea agreement states that appellant
    waived the right to appeal if the court accepted the plea agreement. A waiver of
    the right to appeal is valid if made when the defendant knows the sentence he will
    receive. See Ex parte Delaney, 
    207 S.W.3d 794
    , 798 (Tex. Crim. App. 2006).
    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 all
    pending motions as moot.
    PER CURIAM
    Panel consists of Justices Jennings, Sharp, and Brown.
    Do not publish. TEX. R. APP. P. 47.2(b).
    3
    

Document Info

Docket Number: 01-13-00560-CR

Filed Date: 11/21/2013

Precedential Status: Precedential

Modified Date: 10/16/2015