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Charlie Ray Adamson v. State
02-17-00208-CR
| Tex. App. | Sep 28, 2017
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Background

  • Appellant Charlie Ray Adamson was convicted of state-jail felony theft, with a prior felony enhancement elevating punishment to third-degree felony level.
  • Initially placed on deferred-adjudication community supervision after pleading guilty; the State later filed a petition to proceed to adjudication.
  • Adamson agreed to plead true to the petition's allegations in exchange for an agreed, cap-off sentence of two years’ confinement (the statutory minimum for a third-degree felony).
  • As part of the plea package, Adamson signed a judicial confession and a written waiver of “any and all rights of appeal.”
  • The trial court adjudicated guilt and imposed the agreed two-year sentence; Adamson filed a timely notice of appeal.
  • The trial-court certification stated this was a plea-bargain case and the defendant has no right of appeal; the court of appeals notified Adamson that his appellate waiver could support dismissal, and he did not respond.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Appellant may pursue this appeal despite signing a waiver of all appellate rights as part of a plea agreement Adamson did not present grounds in the record to overcome his written waiver (no response to court notice) State argued waiver bars the appeal because it was knowingly and voluntarily made as part of the plea agreement Appeal dismissed based on Appellant’s waiver of appeal; no grounds shown to continue the appeal

Key Cases Cited

  • Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (a defendant may waive appellate rights in a plea-bargain case; court may dismiss appeals based on such waivers)
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Case Details

Case Name: Charlie Ray Adamson v. State
Court Name: Court of Appeals of Texas
Date Published: Sep 28, 2017
Docket Number: 02-17-00208-CR
Court Abbreviation: Tex. App.