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Luis Ocegueda v. State
01-16-00715-CR
| Tex. App. | Dec 20, 2016
|
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Case Information

*1 Opinion issued December 20, 2016

In The Court of Appeals For The

First District of Texas ———————————— NO. 01-16-00715-CR ——————————— LUIS OCEGUEDA, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas Trial Court Case No. 1476508 MEMORANDUM OPINION

Appellant, Luis Ocegueda, pleaded guilty to the offense of robbery. In accordance with the terms of appellant’s plea bargain agreement with the State, the trial court sentenced appellant to 5 years’ incarceration in the Institutional Division *2 of the Texas Department of Criminal Justice. 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. T EX . C ODE C RIM . P ROC . A NN . art. 44.02 (West 2006); T EX . R. A PP . 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. T EX . R. A PP . 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 T 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 Massengale, Brown, and Huddle.

Do not publish. T P. 47.2(b).

Case Details

Case Name: Luis Ocegueda v. State
Court Name: Court of Appeals of Texas
Date Published: Dec 20, 2016
Docket Number: 01-16-00715-CR
Court Abbreviation: Tex. App.
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