Juan Martin Pedroza v. State

Summary

The Fifth District Court of Appeals at Dallas abated the appeal to resolve conflicting records concerning the appellant’s waiver of appeal rights and the trial court’s certification. The court ordered the trial court to issue an amended certification addressing whether the appellant was granted permission to appeal after pleading guilty pursuant to an agreement involving a punishment cap.

Holdings

1. A defendant waives the right to appeal when he agrees to plead guilty in exchange for the State's recommendation of a cap on punishment and the trial court follows that agreement; under those circumstances, Texas Rule of Appellate Procedure 25.2(a)(2) applies.
2. When the record conflicts regarding whether a defendant waived the right to appeal or received permission to appeal, the appellate court may abate the appeal and direct the trial court to clarify the proceedings and issue an accurate certification of the right to appeal.

Questions Presented

1. Whether the appellate court could determine its jurisdiction when the record conflicted as to whether appellant waived his right to appeal under a plea bargain and whether the trial court granted permission to appeal.
2. Whether the appeal should be abated for the trial court to clarify the proceedings and issue an accurate certification of appellant's right to appeal.

Disposition

abated