Unreported / Non-Citable
Background
Julie Earlene Hawkins Bailey was indicted for second-degree felony bestiality committed in the presence of a child under 18 or resulting in serious bodily injury or death to the animal. Under a plea bargain, she pleaded guilty to the lesser-included state-jail felony offense of bestiality. In exchange, the State waived a repeat-offender notice and recommended punishment within the Class A misdemeanor range.
The trial court accepted the agreement, found Bailey guilty, and sentenced her to four months in county jail. Bailey’s written plea agreement waived all rights of appeal, and the trial court’s certification—signed by Bailey—stated that the matter was a plea-bargain case, that she had no right of appeal, and that she had waived that right.
After Bailey filed a pro se notice of appeal, the court of appeals notified her that the appeal could be dismissed unless she showed grounds for continuing it by August 10, 2026. She filed no response.
The Court’s Holding
The Texas Second Court of Appeals dismissed Bailey’s appeal for want of jurisdiction. Under Texas Rule of Appellate Procedure 25.2, a defendant in a plea-bargain case generally may appeal only matters raised by a written pretrial motion or with the trial court’s permission.
Because the trial court followed the plea bargain, certified that Bailey had no right of appeal, and certified that she had waived her appellate rights—and because Bailey did not respond with any basis for continuing the appeal—the appellate court dismissed the case in accordance with the certification.
Key Takeaways
- A defendant whose punishment conforms to a plea bargain has only the limited appellate rights allowed by Texas Rule of Appellate Procedure 25.2(a)(2).
- A written waiver and a trial-court certification stating that no right of appeal exists can require dismissal under Rule 25.2(d).
- Bailey did not respond to the appellate court’s request that she identify grounds permitting the appeal to proceed.
Why It Matters
The memorandum opinion illustrates that filing a notice of appeal does not create appellate jurisdiction when a plea bargain, an appeal waiver, and the trial court’s certification establish that the defendant has no right to appeal. A defendant seeking review after a negotiated plea must identify an applicable exception or obtain the required trial-court permission.