Contreras v. State — Appeal dismissed because the defendant validly waived his right to appeal

Unreported / Non-Citable

Background

Roland Contreras was indicted for murder and pleaded not guilty. A jury found him guilty on March 27, 2026. Although Contreras had initially elected jury sentencing, he waived punishment by the jury after the guilty verdict.

Contreras and the State then agreed that the trial court would assess a 50-year prison sentence, concurrent with his sentence in another case. In exchange for the State’s punishment recommendation, Contreras agreed to waive his right to appeal. The court imposed the agreed sentence, and Contreras, his counsel, and the trial court signed a certification stating that he had waived his appellate rights.

The Court’s Holding

The Fourth Court of Appeals concluded that Contreras knowingly, intelligently, and voluntarily waived his right to appeal. The waiver was supported by consideration because the State agreed not to seek a longer punishment or cumulative sentences, and the trial court imposed punishment consistent with the agreement.

Because nothing in the record showed that the trial court had given Contreras permission to appeal, the certification stating that he had waived his appellate rights was accurate. No amended certification establishing a right to appeal was filed after the appellate court provided an opportunity to do so. The court therefore dismissed the appeal under Texas Rule of Appellate Procedure 25.2(d).

Key Takeaways

• A defendant may validly waive the right to appeal after a jury’s guilty verdict as part of a negotiated sentencing agreement supported by consideration from the State.
• A waiver may be enforced when the trial court imposes punishment within the parties’ agreement and the record shows that the waiver was knowing, intelligent, and voluntary.
• An appellate court must dismiss when the record lacks a certification showing a right to appeal and the trial court has not granted permission to appeal.

Why It Matters

The decision illustrates that an appellate waiver is not limited to a traditional guilty-plea agreement. A defendant convicted by a jury may waive appellate rights afterward in return for a favorable sentencing recommendation, including concurrent rather than cumulative sentences.

For defense counsel, prosecutors, and trial courts, the opinion underscores the importance of documenting the consideration supporting an appellate waiver and ensuring that the judgment and certification accurately reflect the sentencing agreement.