Court of Civil Appeals of Texas, 2012

Errol Akeem Julien v. State

Errol Akeem Julien v. State
Court of Civil Appeals of Texas · Decided April 12, 2012

Errol Akeem Julien v. State

Opinion

Opinion issued April 12, 2012.

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-11-01111-CR

____________

 


ERROL AKEEM JULIEN, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1316778

 

 


MEMORANDUM OPINION


          Appellant, Errol Akeem Julien, pleaded guilty to the felony offense of aggravated robbery with a deadly weapon, pursuant to an agreed punishment recommendation of confinement for eight years.  The trial court found appellant guilty and, in accordance with the terms of appellant’s plea agreement with the State, sentenced appellant to confinement for eight years.  We dismiss the appeal.

In a plea bargain case, a defendant 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.  Tex. R. App. P. 25.2(a)(2).  An appeal must be dismissed if a certification showing that the defendant has the 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 on appeal. See id.  The trial court’s certification states that this is a plea bargain case and that the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  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.  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), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss the appeal for want of jurisdiction.  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.

 

Do not publish.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

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