Christopher Michael Hottell v. the State of Texas

Summary

The Fourth Court of Appeals of San Antonio dismissed Christopher Michael Hottell’s appeal from convictions for manslaughter and aggravated assault causing serious bodily injury. The court held that the trial court’s certification correctly stated that Hottell had no right to appeal because the case was resolved by a plea bargain, and no amended certification authorizing appeal was filed.

Holdings

1. In a plea-bargain case in which the punishment imposed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the defendant may appeal only matters raised by a written pretrial motion and ruled on before trial, matters for which the trial court granted permission to appeal, or matters expressly authorized by statute.
2. The court must dismiss an appeal when the record does not contain a certification showing that the defendant has the right to appeal, and dismissal is proper when the defendant fails to obtain and file an amended certification after notice.

Questions Presented

1. Whether the appeal could proceed when the trial court's certification stated that appellant waived the right of appeal and had no right to appeal in a plea-bargain case.
2. Whether the appeal should be dismissed under Texas Rule of Appellate Procedure 25.2(d) when the record contained no qualifying pretrial motion, no trial-court permission to appeal, and no amended certification establishing a right to appeal.

Disposition

dismissed