Background
Under a plea-bargain agreement, Jesus Ignacio Arismendez pleaded no contest to theft of property. With enhancements, the trial court sentenced him to eight years of confinement.
The trial court certified that the case involved a plea bargain and that Arismendez had no right to appeal. The clerk’s record contained the written plea bargain and showed that the punishment imposed did not exceed the punishment recommended by the prosecutor and accepted by Arismendez.
The appellate court notified Arismendez that it would dismiss the appeal unless an amended trial-court certification showing a right to appeal was made part of the appellate record by July 13, 2026. No such amended certification was made part of the appellate record.
The Court’s Holding
The Fourth Court of Appeals dismissed the appeal under Texas Rule of Appellate Procedure 25.2(d). In a plea-bargain case, a defendant generally may appeal only a matter raised by a written pretrial motion and ruled upon before trial, a matter the trial court permits the defendant to appeal, or a specific appeal expressly authorized by statute.
The record contained no written motion filed and ruled upon before trial and did not indicate that the trial court had granted permission to appeal. Because the agreed punishment was not exceeded, the court concluded that the trial court’s certification appeared to accurately state that Arismendez had no right to appeal.
Without a certification in the record showing that Arismendez had a right to appeal, Rule 25.2(d) required dismissal.
Key Takeaways
- A defendant in a plea-bargain case has only the limited appellate rights specified in Texas Rule of Appellate Procedure 25.2(a)(2).
- The trial court’s no-right-of-appeal certification was consistent with the clerk’s record because the agreed punishment was not exceeded and no qualifying basis for appeal appeared in the record.
- The appeal was dismissed after no amended certification showing a right to appeal was made part of the appellate record by the court’s deadline.
Why It Matters
The decision underscores that a notice of appeal alone does not establish appellate jurisdiction following a plea bargain. The appellate record must include a certification showing a right to appeal under an applicable exception.
For defense counsel, the opinion highlights the importance of ensuring that any preserved pretrial issue, trial-court permission, or statutory authorization supporting an appeal is reflected in the record and in an appropriate certification.