Robert Earl Oliver v. State, 05-14-00308-CR

Robert Earl Oliver was indicted for murder; initially pled not guilty by reason of insanity and a jury was empaneled.
Before testimony began, a non-party (the appellant’s former girlfriend) entered the jury room, showed a cell‑phone photo allegedly of the appellant’s child, and told jurors about it; the court granted the State’s oral motion for mistrial over defense objection.
After competency proceedings and treatment, Oliver ultimately entered a negotiated guilty plea and pleaded true to two enhancement paragraphs.
The plea agreement recommended a 50‑year sentence, which the trial court imposed. The written plea forms included a checked waiver of appeal if the court followed the plea recommendation.
The trial court also signed a separate certification stating (and checking boxes) that this was a plea‑bargained case and the defendant had waived his right to appeal; both appellant and counsel signed that certification.
Appellant filed a notice of appeal seeking review of the mistrial ruling; the State argued the appeal was barred by the plea waiver and by Texas Rule of Appellate Procedure 25.2(a)(2). The court of appeals dismissed for want of jurisdiction.

Issue	Appellant's Argument	State's Argument	Held
Whether the court of appeals has jurisdiction to review the trial court’s grant of mistrial after a plea‑bargained guilty plea with an agreed sentence	Oliver contends the mistrial ruling is appealable as a pretrial matter "raised by motion and ruled on before trial" under Tex. R. App. P. 25.2(a)(2)	The State argues Oliver either waived his right to appeal as part of the plea bargain or failed to meet Rule 25.2(a)(2)’s exceptions (no written pretrial motion ruled on; no trial‑court permission)	Dismissed for want of jurisdiction: the plea waiver was valid and Rule 25.2(a)(2) not satisfied

Marsh v. State, 444 S.W.3d 654 (Tex. Crim. App. 2014) (waiver of appeal as part of plea bargain can deprive appellate court of jurisdiction)
Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (standards for knowing, intelligent, and voluntary waiver)
Thomas v. State, 408 S.W.3d 877 (Tex. Crim. App. 2013) (limitations on treating boilerplate plea‑form language as a valid waiver)
Ex parte De Leon, 400 S.W.3d 83 (Tex. Crim. App. 2013) (ambiguity in plea paperwork may require examining the whole record to determine waiver)
Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006) (when court follows plea bargain, waiver of appeal is ordinarily knowing and voluntary)