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Ruble v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 6, 2021
No. 05-21-00332-CR (Tex. App. Aug. 6, 2021)

Opinion

05-21-00332-CR

08-06-2021

SCOTT HARLAN RUBLE, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 070815

Before Justices Myers, Partida-Kipness, and Garcia

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS JUSTICE

After Scott Harlan Ruble pleaded guilty to driving while intoxicated with two prior convictions for DWI, the trial court found him guilty and assessed punishment at eight years in prison, probated for four years. The trial court certified this was a plea-bargain case and appellant had no right of appeal.

After appellant filed a notice of appeal, we asked the parties for jurisdictional letter briefs addressing how the Court had jurisdiction. Appellant did not respond; the State filed a letter stating it agreed that we lack jurisdiction.

Rule 25.2 governs the perfection of appeals in criminal cases and requires that the trial court certify an appellant's right to appeal. Tex.R.App.P. 25.2(a)(2). Rule 25.2 also requires the recitations in a certification to be true and supported by the record. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) (certification not supported by record is defective); Carender v. State, 155 S.W.3d 929, 930-31 (Tex. App.-Dallas 2005, no pet.).

There are two basic kinds of plea bargains that affect punishment: (1) sentence bargaining and (2) charge bargaining. See Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003). Sentence bargaining may be for binding or nonbinding recommendations to the court on sentences, including a recommended "cap" on sentences or recommendation for probation. Id. Sentence bargaining affects punishment and constitutes a plea bargain agreement under appellate rule 25.2. Id.

In this case, appellant signed a written plea bargain agreement in which the State agreed to cap punishment at eight years, in exchange for, among other things, appellant pleading guilty and waiving his right to appeal. The plea bargain agreement is signed by appellant, his appointed counsel, the representative for the State, and the trial court. In addition, appellant signed a separate document waving his right to file an appeal.

The trial judge admonished appellant in open court, stating "the State has agreed to cap the requested sentence at no more than eight years." He then asked appellant, "If I follow the recommendation, you have no right of appeal; do you understand?" Appellant replied, "Yes." The trial court then followed the plea bargain agreement, sentenced appellant to eight years in prison, probated for four years, and certified appellant had no right of appeal.

Because appellant waived his right to appeal, we have no other alternative than to dismiss this appeal.

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal.


Summaries of

Ruble v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 6, 2021
No. 05-21-00332-CR (Tex. App. Aug. 6, 2021)
Case details for

Ruble v. State

Case Details

Full title:SCOTT HARLAN RUBLE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 6, 2021

Citations

No. 05-21-00332-CR (Tex. App. Aug. 6, 2021)