Summary
The Sixth Court of Appeals of Texas dismissed Sariah Garcia’s appeal for want of jurisdiction. Garcia pleaded guilty pursuant to a plea agreement, and the record did not show a pretrial motion, trial court permission to appeal, or statutory authorization for the appeal under Texas Rule of Appellate Procedure 25.2(a)(2).
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction over an appeal from a plea-bargain case when the trial court certified that the defendant had no right of appeal and none of the exceptions in Texas Rule of Appellate Procedure 25.2(a)(2) appeared to apply.
Holdings
- A defendant in a plea-bargain case may appeal only matters raised by a written motion filed and ruled on before trial, an appeal authorized by the trial court, or an appeal expressly authorized by statute. Because none of those exceptions applied and the trial court properly certified that Garcia had no right of appeal, the court lacked jurisdiction and dismissed the appeal.
Key quotations
“In a plea bargain case—that is, a case in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, (B) after getting the trial court’s permission to appeal, or (C) where the specific appeal is expressly authorized by statute.” (2)
“Because Garcia has no right of appeal due to her plea agreement with the State and because the trial court’s certification correctly indicates that she is without a right of appeal, we dismiss this appeal for want of jurisdiction.” (3)
Factual background
On December 18, 2025, Garcia pleaded guilty to theft of property valued at less than $2,500 with two or more prior theft convictions. The trial court sentenced her to ninety days in jail and certified that the case was a plea-bargain case in which she had no right of appeal. Garcia did not identify a statutory authorization for the appeal, a written pretrial motion ruled on before trial, or permission from the trial court to appeal.
Procedural history
Garcia pleaded guilty to theft of property valued at less than $2,500 with two or more prior theft convictions and was sentenced to ninety days' confinement. She timely filed a notice of appeal despite the trial court's certification that the case was a plea-bargain case and that she had no right of appeal. The appeal was transferred from the Second Court of Appeals to the Sixth Court of Appeals pursuant to the Texas Supreme Court's docket-equalization authority. After the court notified Garcia of the apparent jurisdictional defect, she conceded that she had no intent to oppose dismissal.