Caldwell, Connie v. The State of Texas

State: Texas

Court: Texas Northern District Court

Docket No: 05-10-01671-CR

Case Date: 12/07/2011

Plaintiff: Caldwell, Connie

Defendant: The State of Texas

Preview:Caldwell, Connie v. The State of Texas
DISMISS; Opinion issued December 7, 2011
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-10-01671-CR
CONNIE CALDWELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 28209-86
MEMORANDUM OPINION
Before Justices Francis, Lang, and Lang-Miers
Opinion By Justice Francis
Connie Caldwell pleaded guilty to possession with intent to
deliver methamphetamine in an amount of four grams or more but less than
200 grams. Following the plea bargain agreement, the trial court
deferred a finding of guilt and assessed punishment at five years
community supervision and a $1500 fine. In a single issue, appellant
contends the trial court abused its discretion by denying her motion to
suppress.
On the plea agreement form signed by appellant and her attorney,
the box is checked that states the following: “I understand that I have
the right to appeal to the Court of Appeals. If the trial court follows
the terms of the State's recommendation as to sentencing, then, after
consulting with my attorney, I do expressly, voluntarily, knowingly, and
intelligently give up and waive my right to appeal.” Further, on the
plea agreement form, appellant acknowledges that her attorney had
explained, and she had read, all admonitions and warnings and that her
statements and waivers were knowingly, freely, and voluntarily made with
full understanding of the consequences.
Here, the trial court followed the plea agreement and assessed
the agreed punishment. As part of that agreement, appellant waived her
right to appeal. Although the trial court's certification indicates
appellant has the right of appeal on matters raised by written motion
and ruled on before trial, the record does not support that
certification. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim.
App. 2005). Because the record shows appellant affirmatively waived her
right to appeal as part of the plea agreement, we do not have
jurisdiction over the appeal. See Blanco v. State, 18 S.W.3d 218, 219-20
(Tex. Crim. App. 2000).
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Accordingly, we dismiss the appeal for want of jurisdiction.
MOLLY FRANCIS
JUSTICE
Do Not Publish
Tex. R. App. P. 47
101671F.U05
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