Opinion
Nos. 13-01-449-CR, 13-01-618-CR.
Opinion delivered and filed this the January 29, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On appeal from the 103rd District Court of Cameron County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
In accordance with a plea bargain agreement, Maria Dulce Martinez pled guilty to injury to a child (five counts) and unauthorized use of a vehicle (two counts). The trial court assessed punishment at fifteen years confinement for the former offense and two years for the latter, with the sentences to be served concurrently. Martinez seeks to appeal the conviction and punishment in both cases. We dismiss. Texas Rule of Appellate Procedure 25.2(a)(2) limits a defendant's right of appeal in plea bargain cases. See Tex.R.App.P. 25.2(a)(2). "In plea bargain cases, rule 25.2(a)(2) only allows a defendant to appeal matters raised by written motion filed and ruled on before trial or if the defendant has the trial court's permission to appeal." Sanchez v. State, 109 S.W.3d 760, 761 (Tex.App.-San Antonio 2003, no pet.). Here, Martinez failed to secure a ruling on any of her pre-trial motions. Furthermore, the trial court signed certifications stating that the underlying cases are plea-bargain cases "and the defendant has NO right of appeal." We dismiss these cases because Martinez has failed to establish that she has a right to appeal from these plea bargain cases.
Tex. Pen. Code Ann. § 22.04 (Vernon 2003).
Tex. Pen. Code Ann. § 31.07 (Vernon 2003).
A plea bargain case is "a case in which defendant's plea is guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant." See Tex.R.App.P. 25.2(a)(2).
The 2003 amendments to the Texas Rules of Appellate Procedure require trial courts to sign a certification of a defendant's right to appeal under rule 25.2(a)(2). See Tex.R.App.P. 25.2(d).