Unreported / Non-Citable
Background
El Keithtryck Robert Mason, Jr. pleaded guilty to aggravated kidnapping, aggravated assault, and publishing or threatening to publish intimate material. Under a negotiated plea agreement, the trial court imposed concurrent sentences of 35 years for aggravated kidnapping, seven years for aggravated assault, and two years in state jail for publishing or threatening to publish intimate material.
Mason later filed pro se notices of appeal from all three judgments. The trial court certified in each case that it was a plea-bargain case in which Mason had no right of appeal and that he had waived any right to appeal. After the appellate court requested grounds for allowing the appeals to proceed, Mason’s counsel confirmed in two appeals that Mason had waived appellate rights, while Mason’s response in the third identified no basis for continuing the appeal.
The Court’s Holding
The Texas Eleventh Court of Appeals dismissed all three appeals. Under Texas Rule of Appellate Procedure 25.2(a)(2), a defendant who receives punishment that does not exceed the terms of a plea bargain may appeal only specified pretrial rulings, matters for which the trial court grants permission to appeal, or matters expressly made appealable by statute. The court determined that none of those exceptions applied.
The court also explained that Rule 25.2 does not permit a plea-bargaining defendant to appeal the voluntariness of a plea without the trial court’s permission. Because the record supported the certifications—signed by Mason, his counsel, and the presiding judge—that Mason lacked and had waived a right of appeal, Rule 25.2(d) required dismissal without further action.
Key Takeaways
- A defendant sentenced within the terms of a negotiated plea bargain has only the limited appellate rights recognized by Rule 25.2(a)(2).
- A challenge to the voluntariness of a plea does not independently authorize an appeal from a plea-bargain case without the trial court’s permission.
- When the record supports certifications that the defendant has no right of appeal and waived appellate rights, the appellate court must dismiss the appeals.
Why It Matters
The decision underscores the importance of trial-court certifications and written appeal waivers in Texas plea-bargain cases. A notice of appeal alone cannot create appellate review when the negotiated sentences were imposed and no Rule 25.2 exception applies.
The memorandum opinion was designated “Do not publish” under Texas Rule of Appellate Procedure 47.2(b).