Gil Rojas III v. The State of Texas

Summary

The Fourth Court of Appeals of Texas dismissed Gil Rojas III’s appeal from a plea-bargained aggravated robbery conviction. The court held that the trial court’s certification accurately stated that Rojas had no right to appeal under Texas Rule of Appellate Procedure 25.2(d), and no amended certification granting a right to appeal had been filed.

Holdings

1. When a defendant pleads pursuant to a plea bargain and receives punishment that does not exceed the punishment recommended and agreed to under the bargain, the defendant may appeal only matters raised by a written pretrial motion ruled on by the trial court, matters for which the trial court granted permission to appeal, or matters expressly authorized by statute. Because the record showed none of those circumstances, the appeal had to be dismissed.

Questions Presented

1. Whether the court of appeals had authority to consider an appeal from a plea-bargained conviction when the trial court certified that the defendant had no right to appeal and the record contained no qualifying pretrial motion or permission to appeal.

Disposition

dismissed