Opinion issued April 8, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00360-CR
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PAMELA JAMISON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 300th District Court
Brazoria County, Texas
Trial Court Case No. 57582
MEMORANDUM OPINION
Appellant, Pamela Jamison, timely appealed from her conviction for the
felony offense of theft. See TEX. PENAL CODE ANN. §§ 31.03(a), (e)(6)(A) (West
Supp. 2013), 31.09 (West 2011). On June 7, 2013, the trial court clerk filed the
clerk’s record, which did not contain a certification of appellant’s right to appeal.
See TEX. R. APP. P. 25.2(a)(2), 34.5(a)(12); see also TEX. R. APP. P. 25.2(d); Dears
v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) (“The court of appeals must
dismiss an appeal if a certification showing that the defendant has the right to
appeal is not made a part of the appellate record.”). We therefore abated the case
and ordered the trial court to execute a certification of appellant’s right to appeal.
See TEX. R. APP. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State, No. PD-1349-12, 2013
WL 5220904, passim (Tex. Crim. App. Sept. 18, 2013); Dears, 154 S.W.3d at
614–15.
On March 7, 2014, the court reporter filed a reporter’s record of a hearing
held that day. At the hearing, appellant stated that she did not want to continue
with her appeal. After confirming multiple times that appellant did not want to
pursue her appeal, the trial court stated: “Based upon your testimony, I am going to
take the trial court certificate of defendant’s right of appeal and change that to
reflect that you are waiving your right of appeal.” The trial court then asked if that
“reflect[ed] [her] wishes,” to which appellant responded “yes.”
On March 12, 2014, the trial court clerk filed a supplemental clerk’s record,
containing a certification of appellant’s right to appeal stating that “the defendant
has waived the right of 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.
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25.2(d); Dears, 154 S.W.3d at 613. 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). A waiver of appeal made after sentence is imposed is
valid. See Monreal, 99 S.W.3d at 618, 622; Moreno v. State, 327 S.W.3d 267,
268–69 (Tex. App.—San Antonio 2010, no pet.); Delatorre v. State, 957 S.W.2d
145, 149 (Tex. App.—Austin 1997, pet. ref’d).
Here, the record reflects that appellant waived the right to appeal after her
sentence was imposed. Because appellant waived her right of appeal after her
sentence was imposed, she has no right of appeal, and we must dismiss this appeal.
See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613.
Accordingly, we reinstate this appeal and dismiss the appeal for want of
jurisdiction. We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Massengale and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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