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William Edward Hernandez v. State

Citation: Not availableDocket: 01-13-00771-CR

Court: Court of Appeals of Texas; May 5, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a defendant who, under a plea agreement, pleaded guilty to murder with a sentencing cap of thirty years, resulting in a twenty-six-year sentence. The trial court certified the case as a plea-bargained one, indicating no right to appeal for the defendant. Despite this, the defendant filed a pro se notice of appeal. The court reiterated that in plea-bargained cases, appeals are restricted to issues raised in pre-trial motions ruled on or those permitted by the trial court. Given that no adverse pre-trial rulings were made against the defendant, and no permission to appeal was granted, the court dismissed the appeal for lack of jurisdiction. The court also declared all pending motions moot. The panel comprised Chief Justice Radack and Justices Brown and Lloyd, and the opinion is not for publication.

Legal Issues Addressed

Dismissal of Moot Motions

Application: Any motions pending at the time of a jurisdictional dismissal are rendered moot and thus dismissed.

Reasoning: The court also dismissed all pending motions as moot.

Jurisdiction in Appeal Cases

Application: The court must dismiss appeals when it lacks jurisdiction, specifically when the defendant has no right to appeal per the plea agreement and existing case law.

Reasoning: The court confirmed that it must dismiss appeals without jurisdiction when the defendant has no right to appeal, as established in prior case law.

Plea Agreements and Right to Appeal

Application: In cases where a plea agreement is reached, the defendant's right to appeal is limited unless specific conditions are met.

Reasoning: In a plea-bargained case, an appeal is limited to issues raised in a written motion ruled on before trial or requires the trial court’s permission to appeal.