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 for aggravated kidnapping, seven years for aggravated assault, and two years for publishing or threatening to publish intimate material, with the sentences to run concurrently.
Mason 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. After the appellate court requested grounds for continuing the appeals, Mason’s counsel confirmed in two cases that Mason had no right to appeal and had expressly waived that right; Mason’s own response in the remaining case identified no basis for proceeding.
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 that does not exceed the terms of a plea bargain may appeal only a matter raised and ruled on by written pretrial motion, a matter for which the trial court granted permission to appeal, or an appeal expressly authorized by statute. None of those circumstances applied.
The court also explained that a plea-bargaining defendant may not appeal an issue concerning 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 agreed plea-bargain punishment may appeal only within the limited exceptions stated in Rule 25.2(a)(2).
- A challenge to the voluntariness of a plea does not independently create a right of appeal in a plea-bargain case without the trial court’s permission.
- When the record supports certifications that the defendant lacks and waived a right of appeal, the appellate court must dismiss the appeals.
Why It Matters
The decision illustrates the jurisdictional consequences of a negotiated plea and a valid appeal waiver. Filing a notice of appeal does not permit appellate review when the punishment matches the agreement and no recognized exception authorizes an appeal.
It also underscores the importance of the trial court’s certification of appellate rights: when the certification is supported by the record, the appellate court must enforce it and dismiss rather than address the merits.