Clifton Delmar Jackson v. State ( 2016 )

IN THE
TENTH COURT OF APPEALS
No. 10-16-00133-CR
CLIFTON DELMAR JACKSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Walker County, Texas
Trial Court No. 27251
MEMORANDUM OPINION
Appellant, Clifton Delmar Jackson, attempts to appeal from his conviction entered
in the 278th District Court in Walker County on April 6, 2016. The trial court’s
certification of appellant’s right of appeal indicates that appellant waived his right to
appeal. TEX. R. APP. P. 25.2(d). In addition to the trial court’s certification, the following
exchange between appellant and the trial court at the punishment phase of trial is
particularly instructive:
THE COURT: By accepting this plea bargain, and the Court is not
bound by the plea bargain; however, I will advise you
that the Court is going to honor that recommendation
and honor your request, if I’m sure that you
understand that in so doing you give up any right of
appeal. You give up your right to any further jury
proceedings and all other constitutional privileges that
go along with entering an agreement of that fashion.
Do you understand that?
MR. JACKSON: Yes, sir.
THE COURT: Are you asking me to go along with that
recommendation?
MR. JACKSON: Yes, I am.
(Emphasis added.)
Based on the foregoing, we hereby dismiss appellant’s appeal. See Chavez v. State,
183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (en banc) (“A court of appeals, while having
jurisdiction to ascertain whether an appellant . . . is permitted to appeal . . . must dismiss
a prohibited appeal without further action, regardless of the basis for the appeal.”);
Monreal v. State, 99 S.W.3d 615, 621 (Tex. Crim. App. 2003) (holding that an appellant who
has executed a waiver of appeal, whether negotiated or non-negotiated, could not appeal
without the permission of the trial court); see also Perez v. State, 885 S.W.2d 568, 570 (Tex.
App.—El Paso 1994, no pet.) (“Merely filing a notice of appeal is not sufficient to
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overcome the prior waiver of appeal.” (citing Ex parte Tabor, 565 S.W.2d 945, 946 (Tex.
Crim. App. 1978))).
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed November 16, 2016
Do not publish
[CRPM]
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