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Stepp v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 25, 2007
No. 10-07-00162-CR (Tex. App. Jul. 25, 2007)

Opinion

No. 10-07-00162-CR.

Opinion delivered and filed July 25, 2007.

Appeal from the 272nd District Court Brazos County, Texas, Trial Court No. 06-03822-CRF-272.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Pursuant to a plea bargain, Richard Bernard Stepp pleaded guilty to the manufacture or delivery of less than one gram of cocaine in a drug-free zone. The court sentenced Stepp to eighteen years' imprisonment in accordance with the plea agreement. Stepp filed a pro se notice of appeal. We will dismiss because Stepp waived the right of appeal.

The clerk's record originally filed with this Court contained a judgment indicating that Stepp had pleaded guilty and was sentenced pursuant to the parties' plea agreement. The record also contained a certification of the defendant's right of appeal stating that this was a plea-bargain case and Stepp had no right of appeal. See TEX. R. APP. P. 25.2(d). However, the record showed that Stepp had filed a motion to quash which was denied before trial. Because the appellate rules permit a plea-bargaining defendant to seek review of matters raised by a written motion filed and ruled upon before trial, we determined that the certification of the defendant's right of appeal was apparently defective and abated the appeal for entry of (1) an amended certification or (2) written findings of fact and conclusions of law supporting the statement that Stepp has no right of appeal. See Stepp v. State, No. 10-07-162-CR (Tex.App.-Waco June 27, 2007, order) (not designated for publication).

The trial court entered written findings of fact and conclusions of law stating that Stepp waived the right of appeal as part of the plea agreement. The trial court caused a supplemental clerk's record to be filed with this Court containing among other things the plea papers Stepp signed and the court's findings of fact and conclusions of law.

A waiver of appeal is valid and binding if it is voluntarily, intelligently and knowingly made. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003). Stepp was represented by counsel in the trial court. There is nothing in the record to suggest that his waiver of appeal was not voluntarily, intelligently and knowingly made. See Ogden v. State, 134 S.W.3d 487, 487 (Tex.App.-Waco 2004, no pet.) (mem. op.) (per curiam). Accordingly, we dismiss the appeal.

Appeal dismissed


Summaries of

Stepp v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 25, 2007
No. 10-07-00162-CR (Tex. App. Jul. 25, 2007)
Case details for

Stepp v. State

Case Details

Full title:RICHARD BERNARD STEPP, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 25, 2007

Citations

No. 10-07-00162-CR (Tex. App. Jul. 25, 2007)