Nathan Alexander Cubillos v. The State of Texas

Summary

The Fourth Court of Appeals of San Antonio dismissed Nathan Alexander Cubillos’s appeal from a negotiated plea. The court held that the trial court’s certification accurately stated that Cubillos had no right to appeal under Texas Rule of Appellate Procedure 25.2, and no amended certification establishing a right to appeal was filed.

Holdings

1. A defendant who entered a negotiated plea may appeal only the matters authorized by Texas Rule of Appellate Procedure 25.2(a)(2), and the appeal must be dismissed when the record lacks a trial-court certification showing a right to appeal.

Questions Presented

1. Whether the appellate court was required to dismiss the appeal under Texas Rule of Appellate Procedure 25.2(d) because the record showed a negotiated plea and did not contain a certification establishing a right to appeal.

Disposition

dismissed