State v. Daniel Villegas

Citation: Not availableDocket: 08-15-00002-CR

Court: Court of Appeals of Texas; January 29, 2015; Texas; State Appellate Court

Original Court Document: View Document

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Daniel Villegas, the appellee, has filed a motion to dismiss the State of Texas's appeal due to a lack of jurisdiction. Villegas is charged with capital murder following the vacating of his 1995 conviction by the Texas Court of Criminal Appeals. The appeal in question is an attempted interlocutory appeal from a pretrial order that excluded certain evidence as irrelevant and inadmissible. 

The jurisdiction for such appeals is strictly governed by Texas law, requiring that the prosecuting attorney personally certify that the excluded evidence is of substantial importance and that the appeal is not intended for delay. In this instance, the notice of appeal failed to provide a personal certification from the district attorney, instead citing "the State" generically, which does not meet the statutory requirements. 

The appeal is based on Texas Code of Criminal Procedure article 44.01(a)(5), which allows appeals from orders that grant motions to suppress evidence, contingent upon the proper certification. The law emphasizes that the State's right to appeal in criminal matters is limited to prevent prolonged litigation against individuals. The absence of the required certification is considered a substantive failure, resulting in a lack of jurisdiction for the court of appeals. Furthermore, the certification requirement serves a significant purpose, ensuring that appeals are pursued only in cases where a trial judge's ruling is critical to the case's continuation or raises significant legal questions. Therefore, without the appropriate certification, the attempted appeal must be dismissed.

Certification by the district attorney is mandated to ensure a thorough pre-appeal analysis regarding the likelihood of success and necessity for review, preventing indiscriminate appeals that burden appellate courts and leave defendants facing unresolved criminal charges. This certification must be personally executed by the elected prosecuting attorney, as defined under TEX.CODE CRIM.PRO. art. 44.01(i), and cannot be fulfilled by an assistant prosecuting attorney. Failure to obtain this certification constitutes a jurisdictional defect, making it imperative for the elected prosecutor to personally certify compliance with statutory requirements to confer jurisdiction on the appellate court. The certification serves as a representation that the appeal is not intended for delay and that the suppressed evidence is materially significant. A mere recitation of the statutory language or an inference from the district attorney’s signature on an appeal notice is insufficient. In the case of Redus, the Court of Criminal Appeals determined that the Court of Appeals lacked jurisdiction due to the absence of explicit certification by the elected district attorney, stressing that the requirement is not a technicality but a necessary measure ensuring careful consideration of the appeal. The certification typically follows a specific format but does not require a special form as long as it clearly vouches for the statutory facts. In the current case, the State's Notice of Appeal was inadequate as it lacked a personal certification and instead provided a general statement, failing to meet the explicit requirements of Article 44.01(a)(5).

The Court should adhere to the precedent set in Redus regarding the notice of appeal. The current notice fails to include a personal certification from the elected district attorney, which is required by statute for confirming the facts necessary for jurisdiction. As a result, without this personal certification, the appeal does not meet the jurisdictional standards and should be dismissed. Other courts have similarly dismissed appeals following the clarification of certification requirements in Redus. This case represents the first appeal initiated by the El Paso County District Attorney under Article 44.01(a)(5) since the Redus decision. The motion concludes with a request for the Court to dismiss the appeal due to lack of jurisdiction and for any other appropriate relief. The document includes contact information for the attorneys involved and a certificate of service confirming delivery of the pleading to the El Paso District Attorney's office.