Opinion issued January 8, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00772-CR
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CHRISTOPHER JEROME DELOUIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 180th District Court
Harris County, Texas
Trial Court Case No. 1230633
MEMORANDUM OPINION
Appellant, Christopher Jerome Delouis, pleaded guilty to the felony offense
of robbery. 1 The trial court deferred making a finding of guilt and, in accordance
with the terms of appellant’s plea bargain agreement with the State, placed
1
See TEX. PENAL CODE ANN. § 29.02(a)(2) (West 2011).
appellant on community supervision for a period of five 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 four 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 four 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 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).
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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, punishment
of confinement for four years, and no fine. 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 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) (holding that
defendant may knowingly and intelligently waive appeal without sentencing
agreement when consideration is given by State for waiver); Blanco v. State, 18
S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The record shows that appellant
waived his right to appeal as partial consideration, along with his plea of true, for
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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. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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