Travis Stroder v. State
01-16-00621-CR
| Tex. App. | Oct 11, 2016Background
- Travis Stroder pled guilty to possession of methamphetamine (over 4g and under 400g), a second-degree felony.
- In 2012 the trial court deferred adjudication, placed Stroder on 3 years community supervision, and assessed a $300 fine under a plea bargain.
- The State later moved to adjudicate; Stroder pled true to the allegations and signed a written waiver of his right to appeal as part of a punishment agreement.
- On February 10, 2014 the trial court adjudicated guilt and assessed three years' confinement; the court certified this as a plea-bargain case stating Stroder had no right of appeal.
- Stroder filed a pro se notice of appeal on July 22, 2016 — more than two years after judgment and well beyond the 30-day deadline — prompting the court of appeals to consider jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal | Stroder (appellant) implicitly argues appeal should proceed despite delay | State argues appeal is untimely; notice was filed far beyond 30-day deadline | Dismissed for want of jurisdiction due to untimely notice of appeal |
| Right to appeal in plea-bargain case | Stroder seeks appellate review | State points to written waiver and trial-court certification that Stroder has no right to appeal | Even if timely, appeal barred by plea-bargain certification and waiver |
Key Cases Cited
- Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App.) (timely notice of appeal is jurisdictional)
- Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App.) (appeal not perfected = no appellate jurisdiction)
- Dears v. State, 154 S.W.3d 610 (Tex. Crim. App.) (appellate court may rely on clerk's record to support trial-court certification)
