Michael Watts v. State
05-15-01336-CR
| Tex. App. | Dec 22, 2015Background
- Michael Watts pleaded guilty to three indictments charging continuous sexual abuse of a child and received sentences of 30 years and $1,000 fines under plea bargains entered July 14, 2015.
- Watts had earlier pleaded guilty on June 25, 2014, to lesser-included indecency-with-a-child offenses and was sentenced to 20 years; the trial court granted his motion for new trial on July 22, 2014.
- As part of the July 14, 2015 plea bargains, Watts waived his right to appeal; the trial court certified he had no right to appeal those pleas.
- Watts filed a pro se motion for new trial on the day of sentencing (July 14, 2015) and mailed a pro se notice of appeal that was prepared October 29, 2015 and postmarked October 30, 2015.
- Under Texas Rule of Appellate Procedure 26.2(a)(2) the deadline for his notice of appeal was October 13, 2015; to invoke the extension under Rule 26.3 he needed to file here and move for extension by October 28, 2015—he did not.
- The State argued the appeals are both waived by plea agreement and untimely; the Court of Appeals held it lacked jurisdiction and dismissed the appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeals are timely | Watts contended his pro se filings preserved appellate rights | State argued notice of appeal was filed after the deadline/extension period expired | Untimely; notice prepared and mailed after the extension period, so no jurisdiction |
| Whether valid appellate waiver bars appeals | Watts challenged voluntariness of pleas and counsel effectiveness | State pointed to waiver in plea bargains and trial-court certification that Watts had no right to appeal | Waiver/ certification bars appeals; court has no jurisdiction |
Key Cases Cited
- Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (jurisdictional principles; appeal must be legally invoked)
- Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998) (timeliness and extension requirements for criminal appeals)
- Blanton v. State, 369 S.W.3d 894 (Tex. Crim. App. 2012) (standard whether appeal is authorized by law)
- Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (appeal authorization analysis)
- McKinney v. State, 207 S.W.3d 366 (Tex. Crim. App. 2006) (right to appeal is statutory)
- Griffin v. State, 145 S.W.3d 645 (Tex. Crim. App. 2004) (appeal is statutory right)
- Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000) (appeal waiver in plea bargains upheld)
- Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (trial-court certification that defendant has no right to appeal)