Opinion issued January 15, 2019

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-18-00480-CR

NO. 01-18-00481-CR

NO. 01-18-00482-CR

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PAULA SINCLAIR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 17-DCR-079457, 17-DCR-079458, 17-DCR-079460

MEMORANDUM OPINION
2

Pursuant to agreements with the State, appellant, Paula Sinclair, pleaded 

guilty to three felony offenses of injury to a child, serious bodily injury.

1

In each 

proceeding, the trial court accepted the plea agreement, found appellant guilty, and 

assessed her punishment at confinement for thirty-five years, with the sentences to 

run concurrently. The trial court certified that each case is a plea-bargained case and 

appellant has no right of appeal.2 Appellant filed notices of appeal, stating that she 

was appealing “from the trial court’s denial of her motion for new trial.” We dismiss 

the appeals.

In a plea-bargained case, a defendant may appeal only those matters that were 

raised by written motion and ruled on before trial or after obtaining the trial court’s 

permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02; TEX. R. APP. P.

25.2(a)(2). Here, the record in each proceeding does not reflect the trial court’s 

permission to appeal or any pretrial motions that could be appealed. And, in each 

proceeding, the trial court’s certification is included in the record and states that the 

case is a plea-bargained case and appellant has no right of appeal. See TEX. R. APP.

P. 25.2(a)(2). Each record supports the trial court’s certification. See Dears v. State, 

 

1

See TEX. PENAL CODE ANN. § 22.04(a)(1), (b)(1), (e); TEX. FAM. CODE ANN. § 151.001.

2 The trial court also certified that appellant had waived the right to appeal. A valid waiver 

of appeal—one made voluntarily, knowingly, and intelligently—prevents a defendant from 

appealing without the trial court’s consent. See Ex parte Broadway, 301 S.W.3d 694, 697 

(Tex. Crim. App. 2009); see also Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 

2000) (concluding waiver was valid when defendant waived right to appeal in exchange 

for recommended sentence). 
3

154 S.W.3d 610, 615 (Tex. Crim. App. 2005); see also Estrada v. State, 149 S.W.3d 

280, 285 (Tex. App.—Houston [1st Dist.] 2004, pet. ref’d) (explaining denial of 

motion for new trial is not appealable in plea-bargained case without trial court’s 

permission). Because appellant has no right of appeal, we must dismiss these 

appeals. 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.”); see, e.g.,

Zendejas v. State, No. 05-16-00848-CR, 2016 WL 6078569, at *2 (Tex. App.—

Dallas Oct. 17, 2016, no pet.) (mem. op., not designated for publication) (concluding 

appellant’s notice of appeal was ineffective to invoke court of appeals’ jurisdiction 

over matters raised in motion for new trial when he entered into plea-bargain 

agreement and waived right to appeal).

Accordingly, we dismiss the appeals for want of jurisdiction.3 We dismiss all 

pending motions as moot.

PER CURIAM

Panel consists of Justices Lloyd, Kelly, and Hightower.

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

 

3 The Clerk of this Court notified appellant that the appeals were subject to dismissal for 

lack of jurisdiction unless she filed a response showing how this Court has jurisdiction over 

her appeals. Cf. TEX. R. APP. P. 42.3(a). Appellant did not respond.