Fire Insurance Exchange v. Judy Kennedy

COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00386-CR NO. 02-12-00387-CR NO. 02-12-00388-CR NO. 02-12-00389-CR NO. 02-12-00390-CR

DESIREE OXENDINE APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY

----------

MEMORANDUM OPINION1

----------

Appellant Desiree Oxendine attempts to appeal following her pleas of true to the State’s motions to revoke community supervision in each of these five cases.2 Following the plea agreements, the trial court sentenced Appellant to thirteen months in state jail in each case, each sentence to run concurrently with the others.

The trial court’s certifications of Appellant’s right to appeal state in each case that this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2). On August 23, 2012, we notified Appellant that these appeals could be dismissed unless she or any party desiring to continue the appeals filed a response showing grounds for continuing the appeals. Appellant’s attorney filed a response that does not present grounds for continuing the appeals.

The Texas Rules of Appellate Procedure are clear that in a plea-bargain case, an appellant may appeal only those matters that were raised by written motion filed and ruled on before trial or after getting the trial court’s permission to appeal. See Tex. R. App. P. 25.2(a)(2). Because the trial court’s certifications reflect that Appellant has no right of appeal, we dismiss these appeals for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f).

PER CURIAM PANEL: GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: September 20, 2012