Automated Summary
Key Facts
Appellant Gabriel Adonai Garcia pleaded guilty to murder under a plea bargain and was sentenced to 35 years in prison. The trial court certified he had no right to appeal, and the appellate court dismissed the case for lack of jurisdiction after confirming the plea agreement and no written motions or permission to appeal were filed.
Issues
The court dismissed the appeal for lack of jurisdiction as it was a plea-bargain case with no right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2). The trial court certified that appellant had no right to appeal, and the clerk's record showed no written motions or permission to appeal.
Holdings
- The court dismisses the appeal for lack of jurisdiction because it was a plea-bargain case with no right to appeal, as there were no written motions filed by the appellant and no permission to appeal granted by the trial court. See TEX. R. APP. P. 25.2(a)(2).
- The clerk's record contains no written motions by the appellant and no permission to appeal was granted by the trial court, satisfying the jurisdictional requirements for dismissal of the appeal.
- The trial court correctly certified the case as a plea-bargain case with no right to appeal. The plea document shows the State consented to the waiver of a jury trial and stipulation of evidence, which is sufficient to establish a plea bargain under applicable law.
Remedies
- The court dismissed the appeal for lack of jurisdiction.
- thirty-five years' incarceration in the Correctional Institutions Division of the Texas Department of Criminal Justice
- Any pending motions are dismissed as moot.
Legal Principles
In a plea-bargain case where the defendant pleaded guilty without an agreed recommendation on punishment, the right to appeal is limited under Texas Rule of Appellate Procedure 25.2(a)(2). The court dismissed the appeal for lack of jurisdiction because no written motions were filed and no permission to appeal was granted.
Precedent Name
- Ex parte Broadway
- Thomas v. State
- Chavez v. State
Cited Statute
- Texas Rules of Appellate Procedure
- Texas Penal Code
Judge Name
- Justice Caughey
- Justice Dokupil
- Justice Guerra
Passage Text
- Where an appellant enters a plea bargain with the State, there is no right of appeal except as to those matters raised by written motion and ruled on before trial or after getting permission to appeal from the trial court. See TEX. R. APP. P. 25.2(a)(2). The clerk's record contains no written motions filed by appellant and no permission to appeal was granted by the trial court. Accordingly, we must dismiss the appeal for lack of jurisdiction.
- The State and the trial court must consent to the waiver. See id. We can construe this consent to show that both appellant and the State negotiated to give up their right to a jury trial in exchange for appellant's plea of guilty. See Thomas v. State, 615 S.W.3d 552, 564 (Tex. App.—Houston [1st Dist.] 2020, no pet.). Thus, we determine that the trial court correctly certified that this was a plea-bargain case with no right to appeal.
- Appellant Gabriel Adonai Garcia pleaded guilty to the offense of murder and was sentenced to thirty-five years' incarceration in the Correctional Institutions Division of the Texas Department of Criminal Justice, in accordance with the plea bargain with the State. See TEX. PENAL CODE § 19.02. The State has filed a motion to dismiss the appeal, arguing that appellant has no right to appeal. We dismiss the appeal.