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Travis Stroder v. State
01-16-00621-CR
| Tex. App. | Oct 11, 2016
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Background

  • 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)
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Case Details

Case Name: Travis Stroder v. State
Court Name: Court of Appeals of Texas
Date Published: Oct 11, 2016
Docket Number: 01-16-00621-CR
Court Abbreviation: Tex. App.