CONNIE CALDWELL v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Francis

Connie Caldwell pleaded guilty to possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams.   Following the plea bargain agreement, the trial court deferred a finding of guilt and assessed punishment at five years community supervision and a $1500 fine.   In a single issue, appellant contends the trial court abused its discretion by denying her motion to suppress.

On the plea agreement form signed by appellant and her attorney, the box is checked that states the following:  “I understand that I have the right to appeal to the Court of Appeals.   If the trial court follows the terms of the State's recommendation as to sentencing, then, after consulting with my attorney, I do expressly, voluntarily, knowingly, and intelligently give up and waive my right to appeal.”   Further, on the plea agreement form, appellant acknowledges that her attorney had explained, and she had read, all admonitions and warnings and that her statements and waivers were knowingly, freely, and voluntarily made with full understanding of the consequences.

Here, the trial court followed the plea agreement and assessed the agreed punishment.   As part of that agreement, appellant waived her right to appeal.   Although the trial court's certification indicates appellant has the right of appeal on matters raised by written motion and ruled on before trial, the record does not support that certification.   See Dears v. State, 154 S.W.3d 610, 614–15 (Tex.Crim.App.2005).   Because the record shows appellant affirmatively waived her right to appeal as part of the plea agreement, we do not have jurisdiction over the appeal.   See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex.Crim.App.2000).

Accordingly, we dismiss the appeal for want of jurisdiction.

MOLLY FRANCIS JUSTICE