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