DISMISS and Opinion Filed August 6, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00332-CR
SCOTT HARLAN RUBLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 070815
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Partida-Kipness
After Scott Harlan Ruble pleaded guilty to driving while intoxicated with two
prior convictions for DWI, the trial court found him guilty and assessed punishment
at eight years in prison, probated for four years. The trial court certified this was a
plea-bargain case and appellant had no right of appeal.
After appellant filed a notice of appeal, we asked the parties for jurisdictional
letter briefs addressing how the Court had jurisdiction. Appellant did not respond;
the State filed a letter stating it agreed that we lack jurisdiction.
Rule 25.2 governs the perfection of appeals in criminal cases and requires that
the trial court certify an appellant’s right to appeal. TEX. R. APP. P. 25.2(a)(2). Rule
25.2 also requires the recitations in a certification to be true and supported by the
record. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005)
(certification not supported by record is defective); Carender v. State, 155 S.W.3d
929, 930–31 (Tex. App.—Dallas 2005, no pet.).
There are two basic kinds of plea bargains that affect punishment: (1) sentence
bargaining and (2) charge bargaining. See Shankle v. State, 119 S.W.3d 808, 813
(Tex. Crim. App. 2003). Sentence bargaining may be for binding or nonbinding
recommendations to the court on sentences, including a recommended “cap” on
sentences or recommendation for probation. Id. Sentence bargaining affects
punishment and constitutes a plea bargain agreement under appellate rule 25.2. Id.
In this case, appellant signed a written plea bargain agreement in which the
State agreed to cap punishment at eight years, in exchange for, among other things,
appellant pleading guilty and waiving his right to appeal. The plea bargain
agreement is signed by appellant, his appointed counsel, the representative for the
State, and the trial court. In addition, appellant signed a separate document waving
his right to file an appeal.
The trial judge admonished appellant in open court, stating “the State has
agreed to cap the requested sentence at no more than eight years.” He then asked
appellant, “If I follow the recommendation, you have no right of appeal; do you
understand?” Appellant replied, “Yes.” The trial court then followed the plea bargain
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agreement, sentenced appellant to eight years in prison, probated for four years, and
certified appellant had no right of appeal.
Because appellant waived his right to appeal, we have no other alternative
than to dismiss this appeal.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
210332F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SCOTT HARLAN RUBLE, On Appeal from the 397th Judicial
Appellant District Court, Grayson County,
Texas
No. 05-21-00332-CR V. Trial Court Cause No. 070815.
Opinion delivered by Justice Partida-
THE STATE OF TEXAS, Appellee Kipness. Justices Myers and Garcia
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered August 6, 2021
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