Narrative Opinion Summary
Rocky Eusebio Valdez was indicted for capital murder but pleaded guilty to a reduced charge of murder as part of a plea bargain, resulting in a 50-year sentence. The Court of Appeals for the First District of Texas dismissed Valdez's appeal due to a lack of jurisdiction. Under Texas law, in plea-bargained cases where the sentence does not exceed the plea agreement, a defendant can only appeal issues raised by written motion prior to trial or with the trial court's permission. The trial court certified that Valdez had no right to appeal, which was supported by the record. Consequently, the appeal was dismissed based on the trial court's certification indicating no appeal rights. The ruling was made by a panel consisting of Chief Justice Radack and Justices Higley and Keyes. The opinion is not published.
Legal Issues Addressed
Certification of Right to Appealsubscribe to see similar legal issues
Application: The trial court certified that Valdez had no right to appeal, which was supported by the record, leading to the dismissal of his appeal.
Reasoning: The trial court certified that Valdez had no right to appeal, which was supported by the record.
Jurisdiction of Appeals in Plea-Bargained Casessubscribe to see similar legal issues
Application: The Court of Appeals dismissed Valdez's appeal due to lack of jurisdiction, as his sentence did not exceed the plea agreement and no pre-trial written motion issues or trial court permission to appeal were present.
Reasoning: Under Texas law, in plea-bargained cases where the sentence does not exceed the plea agreement, a defendant can only appeal issues raised by written motion prior to trial or with the trial court's permission.