Opinion
NO. 02-18-00085-CR
05-10-2018
CARLINE MERISIER APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 158TH DISTRICT COURT OF DENTON COUNTY
TRIAL COURT NO. F16-886-158 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Carline Merisier pleaded guilty to fraudulent use or possession of identifying information in exchange for three years' deferred adjudication community supervision and now attempts to appeal.
During the pendency of the appeal, Appellant sought correction of the trial court's January 26, 2018 certification of her right to appeal, which stated that her case was a plea-bargained case, that she had no right of appeal, and that she had waived the right of appeal. We abated the appeal and remanded the cause to the trial court to review the record and determine whether Appellant had waived her right to appeal any pretrial motions. We left it to the trial court's discretion to decide whether a hearing would be necessary to this determination.
On April 9, 2018, the supplemental clerk's record was filed in this court. It reflects that on April 5, 2018, the trial court adopted the State's proposed findings of fact, determined that a hearing was unnecessary, and determined that the certification required no correction.
The State's proposed findings, which the trial court adopted, are supported by the record, which reflects that on December 18, 2017, the trial court denied Appellant's motion to suppress after a hearing and that Appellant entered into the deferred adjudication plea bargain agreement around a month later. That agreement included the following terms:
Additional provisions of the agreement are: The defendant agrees to waive her right to appeal, and the defendant also waives her right to appeal any and all matters that she raised in any pretrial motions/pretrial hearings, and the defendant hereby waives her request for any findings of fact and conclusions of law.Appellant also signed a waiver in which she stated,
I have been fully informed by the Judge of this Court and by my attorney and I understand that where there is a plea bargain agreement and the punishment assessed by the Court does not exceed the agreed recommendation, I do not have the right to appeal without permission of the Court, except for those matters raised by written motions and presented to the Court prior to trial . . . . With a full understanding of the foregoing, I hereby, with the consent and approval of my attorney, in person, in writing, and in open court waive the right to any appeal in this case and state that I do not desire to appeal. [Emphasis added.]
Accordingly, on April 13, 2018, we notified Appellant that because the trial court's certification remained unchanged, unless she or any party desiring to continue the appeal filed with the court a response showing grounds for continuing the appeal, the appeal would be dismissed. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. Appellant has filed a response, but it does not show grounds for continuing the appeal. Therefore, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
/s/ Bonnie Sudderth
BONNIE SUDDERTH
CHIEF JUSTICE PANEL: SUDDERTH, C.J.; WALKER and MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: May 10, 2018