Lonnie Lee Jones v. State ( 2020 )

DISMISS and Opinion Filed April 21, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00171-CR
LONNIE LEE JONES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F17-75079-T
MEMORANDUM OPINION
Before Justices Bridges, Pedersen, III, and Evans
Opinion by Justice Evans
Lonnie Lee Jones was charged with aggravated robbery with two
enhancement paragraphs, making the punishment range life or not more than 99
years or less than 25 years. After the jury found him guilty, he entered into a plea
agreement with the State regarding punishment. The trial court followed the plea
bargain and assessed punishment at 20 years in prison. The trial court certified that
this is a plea-bargain case and appellant had no right of appeal because he waived
his right to appeal. Appellant then filed a notice of appeal in this Court.
Rule 25.2(a)(2) provides that in a plea-bargained case in which the trial court
assesses punishment that does not exceed the punishment to which the defendant
agreed, the defendant may appeal only those matters raised by written motion filed
and ruled on before trial or after getting the trial court’s permission to appeal. See
TEX. R. APP. P. 25.2(a)(2). The clerk’s record shows there were no pretrial orders
with rulings adverse to appellant. And as the trial court’s certification attests,
appellant has not received the trial court’s permission to appeal.
When a defendant waives the right to appeal in exchange for valuable
consideration from the State, the waiver is enforceable provided it is made
voluntarily, knowingly, and intelligently. See Jones v. State, 488 S.W.3d 801, 807–
08 (Tex. Crim. App. 2016); Ex parte Broadway, 301 S.W.3d 694, 697–99 (Tex.
Crim. App. 2009). The plea agreement in this case states the State would drop two
enhancement paragraphs and recommend a twenty-year sentence in exchange for
appellant’s waiving his right to appeal. The agreement is signed by appellant, his
trial counsel, the district attorney, and the trial court. The trial court admonished
appellant who took the stand and testified he understood he was waiving his right to
appeal in exchange for a twenty-year sentence.
In light of this, the Court notified the parties that it had concerns about its
jurisdiction and asked for jurisdictional letter briefs. Both appellant and the State
concur that appellant waived his right to appeal and we lack jurisdiction. Under
these circumstances, we conclude appellant’s waiver of his right to appeal is
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enforceable. See Jones, 488 S.W.3d at 807–08; Broadway, 301 S.W.3d at 699;
Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000).
An appeal must be dismissed if a certification showing that the defendant has
the right to appeal has not been made part of the record. See TEX. R. APP. P. 25.2(d);
Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). In this case, the record
supports the trial court’s certification stating the appeal is a plea-bargained case and
appellant has no right to appeal. The record also shows appellant waived his right to
appeal in exchange for valuable consideration from the State. Because appellant has
no right to appeal, we must dismiss the appeal without further action. See TEX. R.
APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
We dismiss the appeal for want of jurisdiction.
/David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200171F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LONNIE LEE JONES, Appellant On Appeal from the 283rd Judicial
District Court, Dallas County, Texas
No. 05-20-00171-CR V. Trial Court Cause No. F17-75079-T.
Opinion delivered by Justice Evans.
THE STATE OF TEXAS, Appellee Justices Bridges and Pedersen, III
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered April 21, 2020
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