Opinion
06-22-00016-CR
03-25-2022
BILLY HUGH DOYLE, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish
Date Submitted: March 24, 2022
On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 29368
Before Morriss, C.J., Stevens and Carter, [*] JJ.
MEMORANDUM OPINION
SCOTT E. STEVENS, JUSTICE
Billy Hugh Doyle was indicted on one count of manufacture or delivery of a controlled substance, enhanced by two prior convictions. In exchange for his plea of guilty to manufacture or delivery of a controlled substance, the State agreed to abandon its second enhancement allegation. A charge bargain is "[a] plea bargain whereby a prosecutor agrees to drop some of the counts or reduce the charge to a less serious offense in exchange for a plea of either guilty or no contest from the defendant." Plea bargain: charge bargain, Black's Law Dictionary (11th ed. 2019). "Where a charge bargain effectively caps the maximum punishment, the court of criminal appeals has held that a charge bargain falls within rule 25.2(a)(2)." Harper v. State, 567 S.W.3d 450, 455 (Tex. App.-Fort Worth 2019, no pet.) (citing Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003)).
The charge bargain here effectively placed a cap on the range of punishment to which Doyle was exposed. Accordingly, the charge bargain constitutes a plea agreement for purposes of Rule 25.2(a)(2). See Kennedy v. State, 297 S.W.3d 338, 339 (Tex. Crim. App. 2009); Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003).
Because this is a charge-bargain case, Doyle has the right to appeal under Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure only those matters that were raised by written motion filed and ruled on before trial or after receiving the trial court's permission to appeal. See Kennedy, 297 S.W.3d 340-41; Shankle, 119 S.W.3d at 812-13.
The Texas Legislature has granted a very limited right of appeal in plea-bargain cases. Rule 25.2 of the Texas Rules of Appellate Procedure details that right as follows:
In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant-a defendant may appeal only:
(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court's permission to appeal.TEX. R. APP. P. 25.2(a)(2).
The clerk's record filed in this matter contains no written motions filed by Doyle and ruled on before trial. Further, there is no indication in the record that Doyle obtained the trial court's permission to appeal. See Lenox v. State, 56 S.W.3d 660, 664 (Tex. App.-Texarkana 2001, pet. ref'd). Finally, Doyle specifically waived his right to file a notice of appeal.
On February 23, 2022, we informed Doyle of these apparent defects in our jurisdiction over his appeal and afforded him an opportunity to respond and, if possible, cure such defects. Doyle did not respond to our letter.
Because Doyle has no right of appeal as a result of his plea bargain with the State and his waiver of the right of appeal, Doyle is without a right of appeal. We, therefore, dismiss this appeal for want of jurisdiction.
[*] Jack Carter, Justice, Retired, Sitting by Assignment