## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

________________

___________ No

. 02

- 22

- 003 23

- CR No. 02

- 22

- 00324

- CR

_ __________________________

On Appeal from the 78th District Court Wichita County , Texas Trial Court No s . DC78

- CR2022

- 0752

- 1, DC78

- CR2022

- 0752

- 2

Before Sudderth, C.J.; Kerr and Birdwe ll, JJ. M emorandum Opinion by C h ief Justice S udde rth 

### N OEL 

### R AMIREZ 

### M ARTIN 

### , Appellant

V



### . T HE 

### S TATE OF 

### T EXAS2 MEMORANDUM OPINION Appellant Noel Ramirez Martin attemp ts to app eal his conviction s, but he
waived h is right of appeal as part of his p lea bargain with the S tate
. Martin was charged with murder , unlawfu l possession of a fire arm by a felon , and pos sess ion of a controlled substance. After a jury found him guilty of the first two charges , t he State offere d to dismiss the third charge if Martin agreed to 40 years ’
confinement for murder and 10 y ears ’ confin ement for unlawful possession

. 1 Martin agreed, and the trial court e n tered judgment s of conviction in accordance w i th the plea bargai n. 2

“ In a plea barg ain case

. . . a defendan t may appeal onl y: (A) those matters that

were r aised by wri tten motion filed and ruled on before trial, (B) after getting the trial

court ’ s permission to appeal, or (C) where the specific appeal is expressly autho rized by statute

. ” Tex. R. App. P. 25.2 ( a )(2) ; see Tex. Code Crim. Pro c . Ann. art. 44.02

. The
trial cour t must file a certification of the defendant ’ s right of appeal , clari fying
whe ther the case involved a plea bargain and whether the defendant waived his right
of appe al

. S ee T e x. R. App. P. 25.2(a)( 2 ), (d)

.

1 The plea bargain provided that Martin ’ s two sentences would run concurrently

.

2 The tr ial court also imposed a fine of $100 fo r Marti n ’ s unlawful possession of a firearm , which appears to have been par t of the plea bargain as well.3

Martin ’ s judgment s of con viction state that “ [a] Plea Agreement was reached , ”
and t he trial court signed certification s confirming that “ the defendant has waived the right of appeal ” and that the cases are “ plea

- ba rgain case [s] , and the defendant has NO right of appeal

. ” 3 Tex

. R. App. P. 25.2 (a) (2) , (d).
B ecause crimi nal appeal s “ must be dismissed if a certification that shows the defendant has the right of ap peal has not been made part of the r ecord , ” Tex . R. App. P. 25.2( d), w e informed M a rtin that we c ould dismiss his appeal s unle ss he showed grounds for continuing them

. See Tex. R. App. P. 25.2(d ), 44.3. Martin respo nded
with a let ter raising a myriad of complaints about the t rial court proceedings

. B ut

none of his complaints address our jurisdictional concerns or show gr ounds for

co ntinuing his appeal s . See Tex. R. App. P. 25.2 (a)(2)

. According

ly, w e dis miss Martin ’ s appeal s . See Tex. R. A p p. P. 25.2( d) , 4 3.2(f)

.

/s/ Bonnie Sudderth
B onnie Sudderth C hief J us tice
D o Not Publ ish Tex . R. A pp. P. 47

. 2(b )
Delivered : March 9, 2023

3 The certifi cation s were signed not on ly b y the trial court but also by Martin and Mar tin ’s trial coun sel

. See T ex. R . Ap p. P. 25. 2(d ).