Juan Martin Rosas v. the State of Texas

Summary

The Fourth Court of Appeals of San Antonio dismissed Juan Martin Rosas’s appeal from a plea-bargained theft conviction. The court held that the trial court’s certification accurately stated that Rosas had no right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2), and no amended certification establishing a right to appeal was filed.

Holdings

1. Because Rosas entered a plea bargain in which the punishment assessed did not exceed the punishment recommended and agreed to, and the record showed neither a qualifying written pretrial motion nor permission to appeal, Rosas had no right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2).
2. The court was required to dismiss the appeal because no certification showing that Rosas had the right to appeal was made part of the record.

Questions Presented

1. Whether the court of appeals was required to dismiss an appeal from a plea-bargain conviction when the trial court certified that the defendant had no right to appeal and the record contained no qualifying exception or amended certification.

Disposition

dismissed