Court of Civil Appeals of Texas, 2004

Maria Dulce Martinez v. State

Maria Dulce Martinez v. State
Court of Civil Appeals of Texas · Decided January 29, 2004

Maria Dulce Martinez v. State

Opinion








NUMBERS 13-01-449-CR & 13-01-618-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

                                                                                                                      


MARIA DULCE MARTINEZ,                                                        Appellant,


v.


THE STATE OF TEXAS,                                                             Appellee.

                                                                                                                                      

On appeal from the 103rd District Court of Cameron County, Texas.

                                                                                                                      


MEMORANDUM OPINION


Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

 


          In accordance with a plea bargain agreement, Maria Dulce Martinez pled guilty to injury to a child (five counts) and unauthorized use of a vehicle (two counts). The trial court assessed punishment at fifteen years confinement for the former offense and two years for the latter, with the sentences to be served concurrently. Martinez seeks to appeal the conviction and punishment in both cases. We dismiss.

          Texas Rule of Appellate Procedure 25.2(a)(2) limits a defendant’s right of appeal in plea bargain cases. See Tex. R. App. P. 25.2(a)(2). “In plea bargain cases, rule 25.2(a)(2) only allows a defendant to appeal matters raised by written motion filed and ruled on before trial or if the defendant has the trial court’s permission to appeal.” Sanchez v. State, 109 S.W.3d 760, 761 (Tex. App.–San Antonio 2003, no pet.).

          Here, Martinez failed to secure a ruling on any of her pre-trial motions. Furthermore, the trial court signed certifications stating that the underlying cases are plea-bargain cases “and the defendant has NO right of appeal.”

          We dismiss these cases because Martinez has failed to establish that she has a right to appeal from these plea bargain cases.



                                                                                                PER CURIAM




Do not publish.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

Opinion delivered and filed this the

29th day of January, 2004.

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