Unreported / Non-Citable
Background
Mark Vasquez filed a notice of appeal seeking review of a judgment of conviction entered by the 105th District Court of Kleberg County in trial court cause number 25-CRF-0592.
The trial court certified that the prosecution was a plea-bargain case, that Vasquez had no right to appeal, and that he had waived his right to appeal. After the court of appeals directed Vasquez’s counsel to review the record and determine whether Vasquez possessed a right of appeal, counsel responded to the notice.
The Court’s Holding
The Texas Thirteenth Court of Appeals dismissed the appeal for want of jurisdiction. After reviewing the record and the documents before it, the court concluded that Vasquez had waived his right to appeal.
The court explained that Texas Rule of Appellate Procedure 25.2 requires dismissal when the trial court’s certification does not show that the defendant has a right of appeal. It therefore dismissed the case under Rules 25.2(d), 37.1, and 44.3.
Key Takeaways
- A defendant in a plea-bargain case may appeal only within the limits governing such appeals.
- Vasquez’s trial-court certification stated both that he had no right of appeal and that he had waived that right.
- Because the record confirmed the waiver and the certification did not establish a right of appeal, the appellate court lacked jurisdiction and dismissed the case.
Why It Matters
The decision underscores that the trial court’s certification of a criminal defendant’s right to appeal is jurisdictionally significant in Texas. When the certification and record establish that a plea-bargain defendant waived appellate review, the court of appeals must dismiss rather than reach the merits.