Cuellar v. State
13 S.W.3d 449, 2000 Tex. App. LEXIS 788, 2000 WL 124565 (2000)
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Rule of Law:
An appellate court retains jurisdiction to hear a criminal appeal even after the appellant has been involuntarily deported, as deportation is not equivalent to escaping custody, and the conviction carries collateral consequences, such as ineligibility for reentry, that prevent the appeal from being moot.
Facts:
- A deputy sheriff stopped a tractor-trailer driven by Charles Michael Gist and discovered at least 240 pounds of cocaine.
- After his arrest, Gist agreed to cooperate with police and called Waldemar Scoyola, telling him the truck had broken down.
- Scoyola arrived in a minivan, and the appellant, Santos C. Cuellar, arrived in a separate Peterbilt tractor.
- An officer overheard Scoyola tell Cuellar that Gist had said the cargo was undisturbed and everything was clear.
- Cuellar and Scoyola physically examined the trailer, including looking underneath it near the kingpin area where the cocaine was hidden.
- Cuellar and Scoyola then began preparing to hitch the trailer containing the cocaine to Cuellar's tractor.
- When police officers moved in to make arrests, Cuellar fled the scene on foot.
- When apprehended, Cuellar told an officer that he did not know what was going on but that 'it wasn’t looking good.'
Procedural Posture:
- Santos C. Cuellar was charged with aggravated possession of cocaine and conspiracy to commit the same.
- In a Texas trial court, a jury acquitted Cuellar of the possession charge but convicted him of the conspiracy charge.
- The trial court sentenced Cuellar to seven years of confinement.
- Cuellar filed a notice of appeal with the Texas Court of Appeals.
- After filing his appeal, Cuellar was deported to Mexico.
- On appeal, the State filed a plea to the jurisdiction, asking the appellate court to dismiss the case because Cuellar was no longer in custody or on bond.
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Issue:
Does an appellate court lose jurisdiction over a criminal appeal when the appellant is deported from the country after filing the appeal but before the appeal is heard?
Opinions:
Majority - Justice Rodriguez
No. An appellate court does not lose jurisdiction merely because the appellant has been deported. Unlike a fugitive who has voluntarily scorned the court's authority by escaping, a deported individual is legally prohibited from being in the court's custody. The court adopted the reasoning of the Washington Supreme Court in State v. Ortiz, holding that such an appeal is not moot because a criminal conviction for a narcotics offense carries significant collateral consequences, including making the individual ineligible to reenter the United States. Furthermore, the Texas Rules of Appellate Procedure only provide for dismissal if an appellant escapes custody or voluntarily withdraws their appeal, neither of which applies to a person who has been deported. Having established jurisdiction, the court then found the circumstantial evidence—including Cuellar’s presence, his examination of the trailer, his preparation to move it, and his flight from the scene—was legally and factually sufficient to support the jury's verdict for conspiracy.
Analysis:
This case establishes a significant precedent in Texas by addressing the jurisdictional question of appeals by deported individuals as an issue of first impression. The ruling distinguishes involuntary deportation from the voluntary act of escaping custody, thereby preserving the appellate rights of non-citizens. By recognizing the serious collateral consequences of a conviction, such as inadmissibility to the U.S., the court ensures that an appeal is not considered moot simply because the appellant is no longer physically present. This decision solidifies the principle that access to the appellate process is not forfeited by a government action that removes the appellant from the jurisdiction.
