Unreported / Non-Citable
Background
Guadalupe Garcia filed a notice of appeal seeking review of a judgment of conviction entered in Cameron County trial court cause number 2021-DCR-326.
The trial court certified that the prosecution was a plea-bargain case and that Garcia had no right of appeal under Texas Rule of Appellate Procedure 25.2(a)(2). After the court of appeals directed Garcia’s counsel to review the record and determine whether an appeal was permitted, counsel confirmed that Garcia had no right to appeal.
The Court’s Holding
The Texas Thirteenth Court of Appeals held that it lacked jurisdiction over Garcia’s appeal because the trial court’s certification did not show that Garcia had a right of appeal. The court also concluded that Garcia had waived the right to appeal.
Because the Texas Rules of Appellate Procedure require dismissal when the trial court’s certification does not establish a defendant’s right to appeal, the court dismissed the case for want of jurisdiction.
Key Takeaways
- A defendant in a plea-bargain case may appeal only within the limits governing such appeals.
- A trial court certification stating that the defendant has no right of appeal requires dismissal when the record does not establish otherwise.
- Garcia’s counsel confirmed that the plea bargain afforded Garcia no right to appeal.
Why It Matters
The decision underscores that the right to appeal following a plea bargain is restricted and that the trial court’s certification is central to an appellate court’s jurisdiction. Counsel’s confirmation that no appeal was authorized left the court without a basis to proceed.