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 sentenced him to 35 years’ imprisonment for aggravated kidnapping, seven years for aggravated assault, and two years’ confinement for publishing or threatening to publish intimate material, with all three sentences running concurrently.
Mason later filed pro se notices of appeal from the 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 his right to appeal. Mason’s counsel confirmed in two appeals that Mason had waived appellate rights and received the agreed sentences; Mason’s response in the remaining appeal did not identify a ground for continuing it.
The Court’s Holding
The Eleventh Court of Appeals dismissed all three appeals. Under Texas Rule of Appellate Procedure 25.2(a)(2), a defendant who receives punishment within the terms of a plea bargain may appeal only matters raised by a written pretrial motion and ruled upon before trial, matters the trial court permits the defendant to appeal, or matters for which a statute expressly authorizes an appeal. None of those exceptions applied.
The court also explained that a plea-bargaining defendant may not appeal the voluntariness of the plea without the trial court’s permission. Because the record supported the certifications—signed by Mason, his counsel, and the presiding judge—that Mason had no right of appeal and had waived that right, Rule 25.2(d) required dismissal without further action.
Key Takeaways
- A defendant who receives the punishment contemplated by a plea bargain has only the limited appellate rights specified in Texas Rule of Appellate Procedure 25.2(a)(2).
- A challenge to the voluntariness of a negotiated guilty plea requires the trial court’s permission to appeal.
- When the record supports a trial court certification that the defendant has no right of appeal, the appellate court must dismiss the appeal.
Why It Matters
The decision underscores that a notice of appeal alone cannot overcome the restrictions attached to a negotiated guilty plea. Counsel evaluating a post-plea appeal must identify a preserved pretrial ruling, trial-court permission, or express statutory authorization to proceed.
It also illustrates the controlling role of an accurate trial court certification when the plea papers, imposed sentences, and other record materials confirm that the defendant received the agreed disposition and waived appellate rights.