Asdrubal Rodriguez v. the State of Texas

Opinion

Opinion issued February 26, 2026

In The

Court of Appeals

For The

First District of Texas

“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, (B) after getting the trial court’s permission to appeal, or (C) where the specific appeal is expressly authorized by statute.” TEX. R. APP. P. 25.2(a)(2). “An agreement to a sentencing cap is an agreed plea bargain for purposes of Rule 25.2(a)(2).” Wilson v. State, 264 S.W.3d 104, 108 (Tex. App.—Houston [1st Dist.] 2007, no pet.).

The clerk’s record indicates that Rodriguez pleaded guilty and as part of his plea, he agreed to waive his right to appeal. In exchange for his guilty plea, the State agreed to a sentencing cap of 40 years instead of the full range of sentencing available for a first-degree felony, 5 to 99 years or life in prison. See TEX. PENAL CODE §12.32(a). The trial court sentenced Rodriguez to 20 years in prison, and it certified that Rodriguez had no right of appeal because this was a plea-bargain case. Because appellant has no right of appeal, we must dismiss the appeal for lack of jurisdiction. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

Accordingly, we dismiss this appeal. Any pending motions are dismissed as moot.

3

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Dokupil. Do not publish. TEX. R. APP. P. 47.2(b).

Footnotes

1. NO. 01-25-00639-CR ——————————— ASDRUBAL RODRIGUEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 179th District Court Harris County, Texas Trial Court Case No. 1859676 MEMORANDUM OPINION Appellant Asdrubal Rodriguez attempted to appeal from a judgment of conviction for the offense of aggravated robbery for which appellant was sentenced to 20 years in prison. See TEX. PEN. CODE § 29.03. Rodriguez’s appointed counsel has advised the Court that Rodriguez waived the right of appeal.