Court of Civil Appeals of Texas, 2016

Zavier Comminey v. State

Zavier Comminey v. State
Court of Civil Appeals of Texas · Decided February 2, 2016

Zavier Comminey v. State

Opinion

Opinion issued February 2, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00892-CR ——————————— ZAVIER COMMINEY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 4 Fort Bend County, Texas Trial Court Case No. 14-CCR-175059

MEMORANDUM OPINION Appellant, Zavier Comminey, pled guilty to the misdemeanor offense of possession of marijuana. The trial court found appellant guilty and, in accordance with the terms of appellant’s plea bargain agreement with the State, sentenced appellant to 50 days in jail. Appellant filed a pro se notice of appeal.

In a plea bargain case, a defendant may only appeal 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. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); 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. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Higley, Huddle, and Lloyd.

Do not publish.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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.