Alejandro Salazar v. State ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00004-CR
ALEJANDRO SALAZAR APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
TRIAL COURT NO. 1313460D
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MEMORANDUM OPINION1
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Alejandro Salazar has filed a pro se notice of appeal from the trial court’s
order adjudicating him guilty of assault against a public servant and sentencing
him to three years’ confinement. Pursuant to an agreement with the State,
Salazar pleaded true to four allegations in the motion to adjudicate in exchange
for the State’s three-year punishment recommendation. He signed written plea
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See Tex. R. App. P. 47.4.
admonishments that included a waiver of the right of appeal. The trial court’s
certification of Salazar’s right to appeal has an “X” next to the “plea-bargain case”
option and a checkmark next to the “has waived the right of appeal” option.
Rule 25.2(a)(2) does not restrict the right of appeal when a defendant
pleads true to one or more allegations in a petition to adjudicate. Tex. R. App. P.
25.2(a); Hargesheimer v. State, 182 S.W.3d 906, 911–12 (Tex. Crim. App. 2006).
But if a defendant pleads true and signs a waiver of the right of appeal in
exchange for the State’s punishment recommendation––and the trial court
follows the recommendation––the waiver is binding. See Blanco v. State, 18
S.W.3d 218, 219–20 (Tex. Crim. App. 2000); Jackson v. State, 168 S.W.3d 239,
242–43 (Tex. App.––Fort Worth 2005, no pet.); cf. Ex parte Delaney, 207 S.W.3d
794, 797–98 (Tex. Crim. App. 2006) (explaining that when defendant waives right
of appeal in exchange for recommended sentence that trial court subsequently
follows, “any possible source of error” during sentencing is removed). Because
Salazar waived his right to appeal the trial court’s order of adjudication, we
dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Jackson, 168 S.W.3d at
243.
PER CURIAM
PANEL: BIRDWELL, J.; SUDDERTH, C.J.; and WALKER, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 15, 2018
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