Jones, Andrew Olevia, 2016 Tex. Crim. App. LEXIS 69

Andrew Olevia Jones pleaded guilty to assault on a family member; the indictment included two prior-felony enhancement paragraphs that would have raised the statutory minimum from 5 to 25 years.
The State agreed to abandon one enhancement paragraph, reducing the minimum exposure; Jones pleaded true to the remaining enhancement and entered an open plea (no agreed punishment recommendation).
Jones signed a "Waiver of Constitutional Rights" form stating he waived his right to a jury trial and "waive[d] any right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor." The prosecutor signed a separate "Plea Information" indicating abandonment of one enhancement.
The trial court signed a certification stating "the defendant has waived the right of appeal," and Jones signed that certification.
The trial court later accepted the plea and sentenced Jones to 15 years. Jones appealed, and the State moved to dismiss for lack of jurisdiction based on the waiver; the court of appeals dismissed. Jones sought discretionary review.

Issue	Jones's Argument	State's Argument	Held
Was the trial-court certification that Jones waived his right to appeal defective such that the appellate court lacked jurisdiction?	Certification was defective because Jones did not knowingly and voluntarily waive appeal; waiver form was boilerplate and there was no signed agreement showing a bargained-for waiver.	The record shows a bargained-for waiver: the State abandoned an enhancement in exchange for Jones s plea, jury waiver, and appellate-waiver; thus the waiver was valid and certification accurate.	The Court affirmed: waiver was part of the plea agreement and supported by consideration (abandonment of enhancement), so certification was not defective and dismissal for lack of jurisdiction was proper.

Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (certification that contradicts the record is defective)
Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006) (pre-sentencing, unbargained waivers of appeal are suspect and can be invalid)
Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (a pre-sentencing waiver of appeal is enforceable when it is bargained for and the State gives consideration)
Ex parte De Leon, 400 S.W.3d 88 (Tex. Crim. App. 2013) (use contract principles and the written record to determine plea-agreement terms)
Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003) (valid waiver must be voluntary, knowing, and intelligent)
Marsh v. State, 444 S.W.3d 654 (Tex. Crim. App. 2014) (appellate courts must compare certification with the record to determine defectiveness)