Michael Watts v. State
05-15-01334-CR
| Tex. App. | Dec 22, 2015Background
- Michael Watts was indicted for three counts of continuous sexual abuse of a child under 14; he pleaded guilty to each count on July 14, 2015.
- Pursuant to plea bargains, the trial court sentenced Watts to 30 years’ imprisonment and a $1,000 fine on each count.
- As part of the plea agreements, Watts waived his right to appeal; the trial court certified that he had no right to appeal.
- Watts filed a pro se motion for new trial on the day of sentencing (July 14, 2015).
- He mailed a pro se notice of appeal dated October 29, 2015 (postmarked Oct. 30), but the notice was due by Oct. 13, 2015 and any extension required filings by Oct. 28, 2015.
- The court concluded it lacked jurisdiction because (1) the notice of appeal was untimely and (2) Watts waived appeal rights in plea bargains and the trial court certified no right to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeals are timely | Watts argued through response challenging voluntariness of pleas / counsel effectiveness (implying appeal) | State argued notice was untimely (filed after appellate deadlines) | Untimely notice: appeals dismissed for lack of jurisdiction |
| Whether plea-waiver bars appeal | Watts contended pleas were involuntary / counsel ineffective (seeking review) | State: plea agreements included valid waivers; trial court certified no right to appeal | Plea-waiver and certification removed appellate jurisdiction |
| Whether appellate court has jurisdiction generally | Watts sought appellate review | State maintained jurisdiction not invoked because statutory/time requirements and waiver not met | Court: jurisdiction not invoked; must be authorized by law, so dismissed |
| Whether extension under Rule 26.3 applies | Watts' notice dated within month but after deadline | State: extension required timely notice + extension motion by Oct. 28; Watts failed | Extension not available; notice filed too late, so no jurisdiction |
Key Cases Cited
- Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (jurisdiction depends on timely, legally authorized invocation)
- Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998) (appellate-timeliness and extension rules)
- Blanton v. State, 369 S.W.3d 894 (Tex. Crim. App. 2012) (appeal authorization, not mere preclusion, controls jurisdiction)
- Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (standards for appellate jurisdiction)
- 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) (plea-bargain appeal-waiver enforcement)
- Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (trial court certification that defendant has no right to appeal)
Decision: Appeals dismissed for want of jurisdiction.