Asdrubal Rodriguez v. the State of Texas

Opinion issued February 26, 2026

In The

Court of Appeals
For The

First District of Texas
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NO. 01-25-00639-CR
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ASDRUBAL RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court
Harris County, Texas
Trial Court Case No. 1859676

MEMORANDUM OPINION

Appellant Asdrubal Rodriguez attempted to appeal from a judgment of

conviction for the offense of aggravated robbery for which appellant was sentenced

to 20 years in prison. See TEX. PEN. CODE § 29.03. Rodriguez’s appointed counsel

has advised the Court that Rodriguez waived the right of appeal.
“In a plea bargain case—that is, a case in which a defendant’s plea was

guilty or nolo contendere and the punishment did not exceed the punishment

recommended by the prosecutor and agreed to by the defendant—a defendant may

appeal only (A) those matters that were raised by written motion filed and ruled on

before trial, (B) after getting the trial court’s permission to appeal, or (C) where the

specific appeal is expressly authorized by statute.” TEX. R. APP. P. 25.2(a)(2). “An

agreement to a sentencing cap is an agreed plea bargain for purposes of Rule

25.2(a)(2).” Wilson v. State, 264 S.W.3d 104, 108 (Tex. App.—Houston [1st Dist.]

2007, no pet.).

The clerk’s record indicates that Rodriguez pleaded guilty and as part of his

plea, he agreed to waive his right to appeal. In exchange for his guilty plea, the

State agreed to a sentencing cap of 40 years instead of the full range of sentencing

available for a first-degree felony, 5 to 99 years or life in prison. See TEX. PENAL

CODE §12.32(a). The trial court sentenced Rodriguez to 20 years in prison, and it

certified that Rodriguez had no right of appeal because this was a plea-bargain

case. Because appellant has no right of appeal, we must dismiss the appeal for lack

of jurisdiction. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

Accordingly, we dismiss this appeal. Any pending motions are dismissed as

moot.

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PER CURIAM

Panel consists of Justices Guerra, Caughey, and Dokupil.

Do not publish. TEX. R. APP. P. 47.2(b).

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