Court of Civil Appeals of Texas, 2012

Christopher Kylounch Paynes v. State

Christopher Kylounch Paynes v. State
Court of Civil Appeals of Texas · Decided August 16, 2012

Christopher Kylounch Paynes v. State

Opinion

02-12-305--307-CR


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

 

NO.  02-12-00305-CR

NO.  02-12-00306-CR

NO.  02-12-00307-CR

 

 

CHRISTOPHER KYLOUNCH PAYNES

 

APPELLANT

 

V.

 

The State of Texas

 

STATE

 

 

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FROM CRIMINAL District Court NO. 4 OF Tarrant COUNTY

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MEMORANDUM OPINION[1]

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Appellant Christopher Kylounch Paynes attempts to appeal following his pleas of guilty in three cases, two for possession of more than one but less than four grams of cocaine and the third for unlawful possession of a firearm.  Following the plea agreements, the trial court sentenced Appellant to twelve years’ incarceration 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 July 13, 2012, we notified Appellant that these appeals could be dismissed unless he or any party desiring to continue the appeals filed a response showing grounds for continuing the appeals.  Appellant filed a pro se 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DO NOT PUBLISH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:  August 16, 2012



[1]See Tex. R. App. P. 47.4.

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