Jones, Andrew Olevia, PD-0587-15

Appellant Andrew Olevia Jones pleaded guilty to assault of a family member with one enhancement alleging a prior aggravated-robbery conviction; a second enhancement alleging a prior possession offense was abandoned by the State.
At plea and subsequent proceedings, the trial court accepted the plea, the appellant pleaded true to the remaining enhancement, and was sentenced to 15 years' confinement.
The appellant signed a pre-sentence written waiver of his right to appeal; the trial court’s certification reflected that waiver.
The First Court of Appeals dismissed the appellant’s appeal as waived; Jones sought discretionary review to contest that dismissal.
The State argues the waiver was valid because the defendant received consideration (the State’s abandonment of an enhancement) supporting a pre-sentence waiver under controlling precedent.

Issue	Plaintiff's Argument (Jones)	Defendant's Argument (State)	Held
Whether the pre-sentence written waiver of appeal is valid	Waiver invalid because Court of Appeals applied Ex parte Broadway instead of Ex parte Delaney	Waiver valid because State conferred a benefit (abandoning an enhancement), so Broadway controls	Court of Appeals dismissal affirmed; waiver treated as valid under Broadway (per State brief)

Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (pre-sentence waiver of appellate rights is valid when the State confers a benefit to the defendant)
Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006) (discusses limitations on pretrial waivers of appellate rights)