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Noel Ramirez Martin v. the State of Texas
Citation: Not availableDocket: 02-22-00324-CR
Court: Court of Appeals of Texas; March 8, 2023; Texas; State Appellate Court
Original Court Document: View Document
Noel Ramirez Martin appealed his convictions for murder and unlawful possession of a firearm by a felon, but he waived his right to appeal as part of a plea bargain with the State. In exchange for a 40-year sentence for murder and a 10-year sentence for unlawful possession, the State agreed to dismiss a third charge of possession of a controlled substance. The trial court confirmed that the plea agreement included a waiver of the right to appeal, as noted in the certifications signed by both the trial court and Martin. According to Texas appellate rules, a defendant in a plea bargain case may only appeal specific matters: issues raised in a pre-trial written motion, with the trial court's permission, or if expressly authorized by statute. The trial court's certifications indicated that Martin had waived his right of appeal, and without a proper certification confirming his right to appeal, the court is required to dismiss the appeal. Martin submitted a letter with numerous complaints regarding the trial court proceedings, but none addressed the jurisdictional issue or provided a basis for continuing the appeal. Consequently, the Court of Appeals dismissed Martin's appeals based on the lack of a valid certification of his right to appeal.