ACCEPTED
03-15-00212-CR
4832939
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/9/2015 4:21:01 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-15-00212-CR
MICHAEL JUDE FJBJF. IN THE COURT OFFILED
3rd COURTAPPEALS
IN
OF APPEALS
Appellant AUSTIN, TEXAS
4/9/2015 4:21:01 PM
VS. THIRD SUPREME DISTRICT
JEFFREY D. KYLE
Clerk
T H E S T A T E OF TEXAJS
Appellee SITTING IN AUSTIN
MOTION T O DISMISS FOR WANT O F JURISDICTION
This motion is fik d by the State of Texas, Appellee, and in support would show
as follows:
I.
BACKGROUND
Appellant was Indicted for the offense of Evading Arrest or Detention with a
Motor Vehicle. Appellant insisted on acting Pro Se. The trial court appointed standby
counsel to assist Appelhnt. A jury was selected and evidence presented. After the
jury returned a verdict o Guilty and before evidence was presented in the punishment
phase. Appellant accep ed a plea bargain offer of 3 years incarceration. Appellant
thereon waived his right to trial by jury in writing and signed a judicial confession. A
true copy of the plea pae cet is attached hereto as Attachment I. Appellant also waived
his right to appeal. The trial court filed the Trial Court Certification on Defendant's
Right of Appeal certifying that the case was based on a plea bargain and Appellant has
Page 1 of 3
no right to appeal. A true copy of the Trial Court's Certification on Defendant's Right
of Appeal is attached he eto as Attachment 2. Appellant thereafter filed his Notice of
Appeal Pro Se. Therefore this Court has no jurisdiction to consider the appeal initiated
by Appellant. See Tex. R. App. P. 25.1(a)(2), (d).
PRAYER
WHEREFORE, the State prays the Court grant this motion and dismiss this
cause for Want of Jurisciiction.
Respectftjlly submitted,
OFFICE OF DISTRICT ATTORNEY
3 3 ^ and 424* JUDICIAL DISTRICTS
Wiley B. McAfee, District Attorney
P. O. Box 725
Llano, Texas 78643
Telephone Telecopier
(325) 247-5755 (325) 247-5274
g.bunyard@co.llano.tx.us
Assistant District Attorney
State Bar No. 03353500
ATTORNEY FOR APPELLEE
Page 2 of 3
C ERTIFICATE OF COMPLIANCE
This is to certify that the pertinent portion of this brief contains 217 words
printed in Times New Roman 14 font according to the WordPerfect^^ X6 word count
tool.
CERTIFICATE OF SERVICE
This is to certify tiiat a true copy of the above and foregoing instrument, together
with this proof of servicb hereof, has been forwarded by standard mail on the 10th day
of April 2015, to Michael Jude Pirie, hmiate #01982650, Reverend C.A. HoUiday
Transfer Facility, 295 IF -45 North, Huntsville, TX 77320, Appellant Pro Se and to Mr.
Nathan Kight, 1008 N. iVater, Burnet, TX 78611.
GarfWr^unyarcC^
Assistant District Attorney
Page 3 of 3
ATTACHMENT 1
i
CAUSE NO.
THE STATE OF TEXAS IN THE DISTRICT COURT OF
V. BURNET COUNTY, TEXAS
424*'* JUDICIAL DISTRICT
FELONY ADMONITIONS TO THE DEFENDANT
1. The range of punispment attached to this offense(s) as enhanced, if any, is (check one):
Count (Capital Felony - death penalty waived) confinement in tfie Institutional Division
of the Texas Department of Criminal Justice for life.
Count .(Habitual Offender) confinement in the Institutional Division of the Texas
Departmen of Criminal Justice for life or a term of not more than 99 years or less
than 25 years.
Count (First Degree Felony + Repeat Offender) confinement in the Institutional Division
of the Texas Department of Criminal Justice for life or a term of not more than 99
years or less than 15 years; in addition, a fine not to exceed $10,000 may be imposed.
Count ^(First Degree Felony) confinement in the Institutional Division of the Texas
Department of Criminal Justice for life or a term of not more than 99 years or less
than 5 year^; in addition, a fine not to exceed $ 10,000 may be imposed.
Count (Second D
DEF^DANT " /
2
CAUSE NO.
THE STATE OF TEXAS IN THE DISTRICT COURT OF
V, BURNET COUNTY, TEXAS
424*" JUDICIAL DISTRICT
FELOm WAIVERS. CONFESSION, AND AGREEMENT
I. McA,c/ , the Defendant herein, make the following waivers as
to each count of the indiqtment or information not waived/abandoned by the State of Texas as
indicated by his initials:
1. If the Grard Jury has not returned an indictment, I waive the right to be accused
l)y indictment and 1 igree to proceed by way of information.
2. waive the right to service of a copy of the indictment or information and the time
allowed by law to file motions and pleadings thereon and to prepare for trial.
3. I waive the right to a trial, including the right to a trial by jury during the guilt
iimocence phase aijd a speedy trial,
4. waive the appearance of and confirontation and cross-examination of the State's
witnesses, the pri\^ilege against self-incrimination (as to guilt and punishment), and the
right against doubl 3 jeopardy.
5. I waive the reading of the indictment or information.
6. I waive anq abandon all motions, pleadings and objections made before the entry
of my plea.
7. consent b an oral stipulation of the evidence and testimony and to the
introduction of tesiimony by affidavits, written statements of the witnesses and any other
documentary evidence.
8. pursuantItowaive my11.072
Article right toof file a post-conviction
the Texas application
Code of Criminal for writThis
Procedure. of waiver
habeas applies
corpus
to any claim I had cnowledge of or any claim that I could have discovered by the exercise
of due diligence w th the assistance of my attorney. This waiver also applies to any facts,
the legal significance of which I should have been able to comprehend and develop on
the record had I ch!)sen to do so.
9. wai right to a motion for new trial.
waive my
10. I waive any appeal that I could make or pursue in this cause.
3
A plea agreement exists in this cause as follows (and the State agrees to recommend):
If community supervision (probation) in any form is recommended, I understand that the
Court has the discretion to impose any reasonable condition of supervision, including
confinement in various faciilities, treatment, and restitution without violating the plea agreement,
if any, unless the plea agreement expressly limits or prohibits such a condition.
If my attomey is appointed by the Court, I acknowledge that I have the ability to
reimburse the county for court-appointed attomey fees assessed, either in fiill or by periodic
partial paym«its, upon reluase on community supervision or upon releasefi-omincarceration.
J, the Defendant herein, JUDICIALLY CONFESS to
committing the olirenfie(s) of
and
exactly as charged in the indictment or information and to any lesser included offenses of
the offense(s) charged in the indictment or information.
I, , the Defendant herein, agree to plead GUILTY to the
above specified offense($), TRUE to all enhancements and special issues, if any, as charged
in the indictment or information. By my signature below, I judicially confess to the above
ofrense(s).
I, the Defendant herein, agree that I have the ability to
pay all fines, fees, and stitution ^s^ as a condition of my probation.
DI^FMSJD^'S AtrORNEY
Sworn and subscribed to before me on the \ { ^ ^ day of J ^ b n W y _ , 24>/s'
Clerk of the Court
The State consents to and approves the foregoing.
ATTORNEY FOR THE STATE
The Court consents to approves the foregoing waivers and consent to stipulation and
introduction of es^
JUDGE PRESIDING
5
ATTACHMENT 2
CAUSE NO.
THE STATE OF TEXAS IN THE JUDICIAL
424TH
VI DISTRICT COURT OF
BURNET COUNTY, TEXAS
TRIAL COURT'fil CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, Judge of tlie trial court, certify this criminal case:
Is not a plea-bargain case, and the defendant has therightto appeal, [or ]
Is a plea-bargain cas,, but matters were raised by written motion filed and ruled on before trial
and not withdrawn or waived, and the defendant has therightof appeal, [or]
Is a plea-bargain casit, but the trial court has given permission to appeal and the defendant has
therightof appeal. [( ] i3r
^ ^ ^ x Is a plea-bargain case , and the defendant has NO right of appeal, [or]
^ ^ / ^ e defendant has wj lived the right of appeal.
The defendant in this styled and numbered case, after consulting with his attorney, waives his
right to file a post-conviction applicatio; 1 for writ of habeas corpus pursuant to Article 11.07 and Article 11.072 of the
Texas Code of Criminal Procedure. Thi^ waiver will apply to any claim the Defendant had knowledge of or any claim
the defendant could have iveredby exercising due diligence with the assistance of counsel The waiver also
applies to any facts i have been able to comprehend the legal significance of and develop on the
record had he chosi
Date Signed
I have received a copy of this certification. I have also been informed of myrightsconcerning any appeal of this
criminal case, including any right to file pro se petition for discretionary review pursuant to Rule 68 of the Texas
Rules of Appellate Procedure. I have be an admonished that my attomey must mail a copy of the court of appeals
judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for
discretionaiy review in the Court of Crir linal Appeals. TEX. R. APP. P. 68.2 I acknowledge that, if I wish to appeal
this case and if I am entitled to do so, it s my duty to inform my appellate attomey, by written communication, of
any change in the address at which I am currently living or any change in my current prison unit. I understand that,
because of appellate deadlines, if I fiail tc timely inform my appellate attomey of any change in my address, I may
lose the opportunity tq^le pro se petitio|n |of discretionary t^r^. ^
Defeindant's Coun^el^
Mailing address State Bar of Texas ID Number
Telephone number & Fax number Mailing Address
Telephone number & Fax number
'"A defendant in a criminal case has the right of appet 1 under these rules. The trial court shall enter a certificate of the defendant's right to appeal in every
case in which it enters a jud^oent of guilt or other ap( lealalrie order,
' , In a plea bargain case- that is, a case in which a defendant's plea was guilty or nolo
contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendant may appeal
only: (A) those matters that were raised by written m<itioa filed and ruled on before trial, or (B) after getting the trial court's permission to appeal."
TEXAS RULE OF APPELLATE PROCEDURE as.2(A)(a)
Texas Rule of Apellate Procedure 25.2 (h)Effective 9j 2 0 0 9 & TRAP 25.2(a)(a) Revised 9/30/2011