Background
Oscar Mireles, Jr. pleaded no contest to one count of retaliation against a public servant under a plea-bargain agreement. The trial court sentenced him to two years’ confinement, a punishment that did not exceed the prosecutor’s recommendation agreed to by Mireles.
The trial court certified that the case involved a plea bargain and that Mireles had no right to appeal. The appellate record contained no written pretrial motion that had been ruled upon and did not show that the trial court had granted permission to appeal.
The Fourth Court of Appeals notified Mireles that it would dismiss the appeal unless an amended certification showing a right to appeal was filed. His attorney conceded that the court lacked jurisdiction, and no amended certification was filed.
The Court’s Holding
The court dismissed the appeal under Texas Rule of Appellate Procedure 25.2(d). Because Mireles received punishment within the terms of his plea bargain, he could appeal only a matter raised by written motion and ruled on before trial, an issue for which the trial court granted permission to appeal, or an appeal expressly authorized by statute.
None of those grounds appeared in the record. The trial court’s certification therefore accurately stated that Mireles had no right to appeal, and the absence of an amended certification establishing such a right required dismissal.
Key Takeaways
- A defendant who receives the agreed punishment in a plea-bargain case has only a limited right to appeal.
- The record showed no ruled-upon written pretrial motion and no trial-court permission to appeal.
- Without a certification establishing Mireles’s right to appeal, the appellate court dismissed the case.
Why It Matters
The decision underscores that appellate review after a plea bargain depends on satisfying Rule 25.2’s narrow exceptions and obtaining a certification that reflects a valid right to appeal. When the record establishes no applicable exception and counsel concedes the lack of jurisdiction, the court of appeals must dismiss rather than address the merits.