You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Michael Van Madison v. the State of Texas

Citation: Not availableDocket: 06-23-00220-CR

Court: Court of Appeals of Texas; November 29, 2023; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Michael Van Madison appealed his conviction for aggravated assault with a deadly weapon after pleading guilty as part of a plea agreement with the State, which included a twelve-year prison sentence, a fine, and court costs. The trial court certified that this was a plea-agreement case and indicated Madison had no right to appeal. Under Texas law, specifically Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure, a defendant in a plea-bargain case can only appeal specific matters if they were raised by a pre-trial motion, obtained permission from the trial court to appeal, or if the appeal is expressly authorized by statute. The appellate court found no evidence that any of these conditions were met, confirming the trial court's certification that Madison had no right to appeal. Following a notification to Madison about the jurisdictional defect, he conceded he had waived his right to appeal. Consequently, the court dismissed the appeal for lack of jurisdiction.

Legal Issues Addressed

Jurisdictional Defect and Waiver of Appeal

Application: The appellate court identified a jurisdictional defect in the appeal process and recognized the defendant's concession of waived appeal rights, leading to dismissal.

Reasoning: Following a notification to Madison about the jurisdictional defect, he conceded he had waived his right to appeal. Consequently, the court dismissed the appeal for lack of jurisdiction.

Right to Appeal in Plea-Bargain Cases

Application: The court examined whether the defendant had a right to appeal following a plea agreement and found that the conditions for appeal under Texas law were not met.

Reasoning: Under Texas law, specifically Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure, a defendant in a plea-bargain case can only appeal specific matters if they were raised by a pre-trial motion, obtained permission from the trial court to appeal, or if the appeal is expressly authorized by statute.