Asdrubal Rodriguez v. The State of Texas

Summary

The First Court of Appeals of Texas dismissed Asdrubal Rodriguez’s attempted appeal from an aggravated-robbery conviction for lack of jurisdiction. The court held that Rodriguez had no right to appeal because he pleaded guilty under a plea bargain, agreed to a sentencing cap and waived appeal, and the trial court certified that no right of appeal existed.

Holdings

1. Because Rodriguez pleaded guilty under a plea bargain, agreed to a sentencing cap, waived his right of appeal, and had no applicable authorization to appeal, the court lacked jurisdiction and was required to dismiss the appeal.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from a plea-bargain conviction when the defendant waived his right of appeal and the trial court certified that he had no right to appeal.

Disposition

dismissed