JAIME NERI RODRIGUEZ v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Lang

Jaime Neri Rodriguez waived a jury and pleaded guilty to aggravated sexual assault of a child younger than fourteen years of age.   Pursuant to a plea agreement, the trial court assessed punishment at thirty years' imprisonment.   As a part of the plea agreement, appellant waived his right to appeal.   The trial court's rule 25.2(d) certification of appellant's right to appeal states this is a “plea-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.”

The Court now has before it the State's motion to dismiss the appeal.   The State asserts that because appellant entered into a plea agreement for a thirty-year sentence in exchange for his guilty plea, and the trial court accepted the plea agreement and imposed a thirty-year sentence, appellant has no right of appeal.   Appellant did not respond to the motion to dismiss.   We conclude we lack jurisdiction over the appeal.

A plea bargain is a contract between the State and the defendant.  Moore v. State, 295 S.W.3d 329, 331 (Tex.Crim.App.2009).   Plea bargaining consists of the prosecutor's concessions regarding punishment, lesser charges, or reduction in counts in exchange for a defendant's plea of guilty or nolo contendere.   See Ex parte Williams, 637 S.W.2d 943, 948 (Tex.Crim.App.1982).   Here, the prosecutor agreed to cap the punishment at thirty years in prison in exchange for appellant's guilty plea.   Thus, the record before us supports the trial court's certifications.   See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App.2005);  Mercer v. State, 262 S.W.3d 810, 811 (Tex.App.-Houston [1st Dist.] 2008, no pet.).

Appellant entered into a plea agreement and waived his right to appeal.   The record does not contain any rulings on pretrial motions that would serve as a basis for appeal.   See Tex.R.App. P. 25.2(a)(2);  Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006) (explaining analysis courts of appeals undertake in determining appellate rights of plea-bargaining defendants).   Thus, we lack jurisdiction over the appeal.   We grant the State's motion to dismiss.

We dismiss the appeal for want of jurisdiction.

DOUGLAS S. LANG JUSTICE