Opinion
No. 05-19-00425-CR
07-16-2019
EMILY DANYELLE JAY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 59th Judicial District Court Grayson County, Texas
Trial Court Cause No. 070207
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Partida-Kipness
Emily Danyelle Jay appeals her conviction for possession of less than one gram of methamphetamine. After she pleaded guilty, the trial court assessed punishment, enhanced by two prior felony convictions, at fifteen years in prison.
Appellant filed her pro se notice of appeal on April 11, 2019. The clerk's record contains the trial judge's written admonishment of appellant's rights, appellant's agreement to stipulate evidence, and her written waiver of her right to appeal. It also contains the trial court's certification that this is a plea-bargain case, appellant waived her right to appeal, and appellant has no right to appeal.
A defendant in a criminal case has the right of appeal as set out in the code of criminal procedure and the rules of appellate procedure. See TEX. CODE CRIM. PROC. ANN. art. 44.02); TEX. R. APP. P. 25.2(a)(2). In a plea-bargain case—"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 "those matters that were raised by written motion filed and ruled on before trial," or "after getting the trial court's permission to appeal." See TEX. R. APP. P. 25.2(a)(2). When an appellant waives her right to appeal as part of her plea bargain agreement with the State, a subsequent notice of appeal filed by her fails to "initiate the appellate process," thereby depriving this Court of jurisdiction over the appeal. Lundgren v. State, 434 S.W.3d 594, 599, 600 (Tex. Crim. App. 2014).
Here, the record shows appellant expressly waived her right to appeal in exchange for the State's recommendation of 15 years, but the record does not show that appellant filed any pretrial motions or received the trial court's permission to appeal. Under these circumstances, we conclude appellant waived her right to appeal.
We dismiss this appeal.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
190425F.U05
JUDGMENT
On Appeal from the 59th Judicial District Court, Grayson County, Texas
Trial Court Cause No. 070207.
Opinion delivered by Justice Partida-Kipness. Justices Whitehill and Pedersen, III participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 16th day of July 2019.