Court of Civil Appeals of Texas, 2013

Justin Naquin v. State

Justin Naquin v. State
Court of Civil Appeals of Texas · Decided November 21, 2013

Justin Naquin v. State

Opinion

Opinion issued November 21, 2013

In The Court of Appeals For The First District of Texas NO. 01-13-00726-CR ____________ JUSTIN NAQUIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 1389803

MEMORANDUM OPINION Pursuant to a plea-bargain agreement with the State, Justin Naquin pleaded guilty to the offense of aggravated assault with a deadly weapon.1 The trial court accepted the plea agreement and sentenced Naquin to 15 years in prison and certified that this is a plea-bargain case and there is no right to appeal. Less than 30 days later, appellant filed a pro se notice of appeal.

In a plea bargain case—that is, a case in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only those matters that were raised by written motion and ruled on before trial, or after getting the trial court’s permission to appeal. TEX. R. APP. P. 25.2(a)(2).

The record reflects that Naquin pleaded guilty to the charged offense and the trial court assessed the punishment recommended by the State and to which appellant had agreed. See TEX. R. APP. P. 25.2(a)(2). Appellant does not complain about the trial court’s ruling on a pretrial motion, nor does he have the trial court’s permission to appeal. See id. Accordingly, we dismiss the appeal for want of jurisdiction. All pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Jennings, Sharp and Brown.

See TEX. PENAL CODE ANN. § 22.02(a)(2)(West Supp. 2013).

Do not publish. TEX. R. APP. P. 47.2(b).

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