Kevin Duane Owens v. the State of Texas

Summary

The Eleventh Court of Appeals of Texas dismissed Kevin Duane Owens’s appeal from a guilty-plea conviction for evading arrest or detention with a vehicle. The court held that the plea-bargain agreement, the trial court’s certification, and the denial of permission to appeal deprived Owens of a right to appeal under Texas Rule of Appellate Procedure 25.2.

Holdings

1. When a defendant enters a plea bargain and receives punishment that does not exceed the punishment agreed to by the parties, Texas Rule of Appellate Procedure 25.2(a)(2) does not permit an appeal concerning the voluntariness of the plea unless the defendant obtained the trial court's permission to appeal.
2. An appellate court must dismiss an appeal when the trial court certifies that the defendant has no right to appeal and the record supports that certification.

Questions Presented

1. Whether a defendant who pleaded guilty pursuant to a negotiated plea bargain and received the agreed punishment may appeal the voluntariness of the guilty plea without obtaining the trial court's permission to appeal.
2. Whether the appeal must be dismissed when the trial court certifies that the defendant has no right of appeal, the certification is supported by the record, and the trial court denied permission to appeal.

Disposition

dismissed