Opinion
No. 07-16-00446-CR
08-29-2017
AMANDA DAWN HILTON, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 31st District Court Gray County, Texas
Trial Court No. 10344 , Honorable Phil N. Vanderpool, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pursuant to a plea bargain agreement, appellant Amanda Dawn Hilton was convicted of possession with intent to deliver drug paraphernalia, a Class A misdemeanor, and sentenced to thirty days confinement in the Gray County Jail. Because appellant has waived her right of appeal, we will dismiss the appeal for want of jurisdiction.
TEX. HEALTH & SAFETY CODE ANN. § 481.125(b), (e) (West 2010).
We remanded this cause to the trial court to resolve conflicting certifications of appellant's right of appeal. On October 26, 2016, appellant entered into a plea bargain agreement with the State and executed a waiver of her right of appeal. That day, the Honorable Phil N. Vanderpool, sitting as a visiting judge, accepted the plea bargain and convicted and sentenced appellant. Judge Vanderpool also signed a certification of appellant's right of appeal. The certification, as it appeared in the appellate record, contained conflicting statements regarding appellant's right of appeal. The appellate record also contained a second certification signed by the Honorable Steven R. Emmert, the presiding judge of the 31st District Court, that appeared on appellant's notice of appeal.
Hilton v. State, No. 07-16-00446-CR, 2017 Tex. App. LEXIS 5633 (Tex. App.—Amarillo June 12, 2017, order) (per curiam) (not designated for publication).
Pursuant to our remand, on August 11, 2017, the trial court issued additional findings of fact and conclusions of law clarifying that Judge Emmert signed the December 7 certification inadvertently. The trial court also found that appellant had expressly waived her right of appeal and no longer desired to prosecute this appeal. The additional findings were filed with this Court and we reinstated the appeal on our docket.
Consequently, we will dismiss the appeal based on the trial court's certification and findings of fact and conclusions of law certifying that appellant has waived her right of appeal. See TEX. R. APP. P. 25.2(d) ("The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.").
The appeal is dismissed. See TEX. R. APP. P. 25.2(d).
James T. Campbell
Justice Do not publish.