Opinion
No. 05-17-00189-CR
04-11-2017
OSCAR SANDOVAL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-54486-T
MEMORANDUM OPINION
Before Justices Bridges, Myers, and Brown
Opinion by Justice Brown
Oscar Sandoval pleaded guilty to aggravated assault with a deadly weapon, pursuant to a plea agreement with the State. Under the plea agreement, appellant and the State stipulated to a sentence of thirty-five years in prison. In addition, appellant agreed to waive his right to appeal. After the trial court found appellant guilty and sentenced him, appellant filed a pro se motion for new trial and a notice of appeal. The motion for new trial was overruled by the trial court. Because appellant waived his right to appeal, we dismiss this appeal for want of jurisdiction.
In a criminal case, the right to appeal is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex. Crim. App. 2006); TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006) (providing right of appeal for defendant). A plea agreement is essentially a contract between the defendant and the State, whereas both sides receive something in return. Jones v. State, 488 S.W. 3d 801, 805 (Tex. Crim. App. 2016). While statutorily created, the right to appeal can be waived in a plea agreement, if done so voluntarily, knowingly, and intelligently. Id. "Jurisdiction concerns the power of a court to hear and determine a case." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be legally invoked, and, if not, the court is without power to act. See id. at 523. When the right to appeal is waived in a plea bargain between the defendant and the State, and trial court certifies the defendant waived the right, the court of appeals lacks jurisdiction and must dismiss the appeal. See TEX. R. APP. P. 25.2; Dears v. State, 154 S.W. 3d 610, 613 (Tex. Crim. App. 2005).
Here, appellant entered into a plea agreement with the State for a sentence of thirty-five years and waived his right to appeal. Appellant was sentenced in accordance with the plea agreement. The trial court completed the rule 25. 2 certification indicating the case involved a plea bargain, appellant waived his right to an appeal, and appellant does not have the right to appeal. By letter dated March 31, 2017, this Court requested appellant file a letter addressing our concerns regarding our jurisdiction to hear his case due to his waiver of his right to appeal. On April 3, 2017, we received a letter from appellant's attorney conceding appellant's waiver of his right to an appeal. Because the record before this Court indicates appellant lacks a right to appeal, we conclude this Court is without jurisdiction to hear and determine this appeal.
We dismiss this appeal for want of jurisdiction.
/Ada Brown/
ada brown
justice Do Not Publish
TEX. R. APP. P. 47.2(b) 170189F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-54486-T.
Opinion delivered by Justice Brown, Justices Bridges and Myers participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 11th day of April, 2017.