Opinion issued February 28, 2019

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 8
- 0 1 0 65
- C R

——————————— JESSE JAMES A RIAS , Appellant

V . THE STATE OF TEXAS , Appellee

On Appeal from the 339th District C ourt

H a rri s County, Texas Trial Court Cause No. 1505697

MEMORANDUM OPINION Appellant, Jesse James Arias, pleaded guilty to the first

- degree felony offense of aggravated sexual assault of a child

— under fourteen years

. 1 In exchange for

1 See T EX
. P ENAL C ODE A NN
. § 2 2.021( a)( 1)(B), (a)(2 ) (B) , ( e ) (West 201 1 ).2

appellant’s plea, the State agreed to reduce the charge from the first

- degree felony offense of continuous sexual abuse of a child , to dismiss a pending charge of indecency with a child, and to recommend punishment of ten years’ confinement

. 2
In accordanc e with h is plea bargain with the State, t he trial court found appellant guilty and assessed h is punishment at ten years’ confinement on October 2 9 , 2018

. The trial court certified that th is w as a plea

- bargain ed case and that appellant had no right of appe al. See T EX
. R. A PP
. P. 25.2(a)(2) . Appellant timely filed a pro se notice of appeal and was appointed new counsel

. 3 See T EX
. R. A PP
. P. 26.2(a)(1). We dismiss th is appeal for want of jurisdiction. 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 20 06 ); 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 m ade part of the record. T EX
. R. A PP
. P. 25.2(d); see Dears v. State , 154 S.W.3d 610, 613 (Tex. Crim. App. 2005)

.

2 See T EX
. P ENAL C ODE A NN
. § § 12.32(a), 2 1.02(b), (h ) (West 2011 ).

3 On December 10, 2018, the trial court signed an entry of judgment nunc pro tunc to correct the offense on the judgment to aggravated sexual assault of a child

—under fourteen years, to accurately reflect the plea agreement

. On February 4, 2019, appellant’s counsel filed a letter stating that this Court lacks jurisdiction because the certification states that appellant has no right of appeal.3

Here, the trial court’s certification s tated t hat this w as a plea

- bargained case and that appellant had no right of appeal, and the trial court did not give its permission to appeal any matters. See T EX
. R. A PP
. P. 25.2(a)(2), (d); Dears , 154 S.W.3d at 615. The clerk’s record , filed in this C ourt including the pl ea waiver,
supp ort s the trial court’s certification. See Dears , 154 S.W.3d at 615

. Because appellant has no right of appeal, we must dismiss th i s 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.”)

. Accordingl y, we dismiss th i s appeal for want of jurisdiction. See T EX
. R. A PP
. P. 43.2(f). PER CURIAM Panel consists of Justices Keyes, Higley, and L loyd

. Do not publish. T EX
. R. A PP
. P. 47.2( b).