The opinion
Opinion issued August 26, 2014.
In The
Court of Appeals
For The
First District of Texas
NO. 01-14-00196-CR
____________
ANTONIO CORNELL WILLIAMS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Cause No. 1348195
MEMORANDUM OPINION
Appellant, Antonio Cornell Williams, pleaded guilty to the felony offense of
aggravated assault.1 The trial court deferred a finding of guilt, found the
enhancements true, and in accordance with the terms of appellant’s plea bargain
agreement with the State, placed appellant on community supervision for a period
of three years. The trial court certified that this is a plea-bargain case and that
appellant has no right of appeal.
Subsequently, the State moved to revoke appellant’s supervision and for
adjudication of guilt. Appellant pleaded true to the State’s allegations and executed
a waiver of his right to appeal, in exchange for the State’s recommendation that
punishment be assessed at confinement in the Institutional Division of the Texas
Department of Criminal Justice for two years. The trial court revoked appellant’s
community supervision, adjudicated appellant guilty, and in accordance with the
recommendation of the State, assessed punishment at confinement for two years.
The trial court certified that appellant had waived the right of appeal. Nevertheless,
appellant filed a pro se notice of appeal. We dismiss the appeal.
An appeal must be dismissed if a certification showing that the defendant has
the right of appeal has not been made part of the record. TEX. R. APP. P. 25.2(d);
Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). The trial court’s
certification, which is included in the record on appeal, states that appellant waived
1
See TEX. PEN. CODE ANN. § 22.02(a), (b)(1) (West 2011). See also TEX. FAM.
CODE ANN. §§71.0021, 003, 005 (West 2014).
2
the right of appeal. See TEX. R. APP. P. 25.2(a). A valid waiver of appeal prevents
a defendant from appealing without the trial court’s consent. Monreal v. State, 99
S.W.3d 615, 622 (Tex. Crim. App. 2003).
The record reflects that appellant swore to a stipulation of evidence and
judicial confession, pleading “true” to the allegations in the State’s motion to
adjudicate appellant’s guilt. The document contains an agreement that the State
would recommend revocation of appellant’s community supervision and
punishment of confinement for two years. The document also includes a “Waiver
of Appeal,” stating that, “As part of my agreement with the prosecutor to plead true,
I agree to waive any right to appeal I may have concerning any issue or claim in this
case, including my plea or [sic] true or admission of guilt.” Appellant separately
initialed the waiver of appeal. The trial court found the allegations in the motion to
adjudicate true, adjudicated appellant guilty of the underlying offense, and assessed
punishment in accordance with the recommendation.
When a defendant waives his right of appeal in exchange for consideration
from the State, his waiver is made knowingly, intelligently, and voluntarily, and he
may not appeal any matters unless the trial court first grants permission. See Ex
parte Broadway, 301 S.W.3d 694, 697–99 (Tex. Crim. App. 2009); Blanco v. State,
18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The record shows that appellant
3
waived his right to appeal as partial consideration, along with his plea of true, for
the State’s recommendation on punishment and that the trial court did not give its
permission to appeal.
Because appellant has no right of appeal, we must dismiss this appeal. See
Menefee v. State, 287 S.W.3d 9, 12 n.12 (Tex. Crim. App. 2009); Dears, 154
S.W.3d at 613.
Accordingly, we dismiss the appeal for want of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Massengale, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
4