Marsh, Robert Lane, 444 S.W.3d 654

Appellant challenged a pretrial suppression ruling after pleading nolo contendere under a plea bargain with an appeal waiver.
Written plea agreement and plea colloquy acknowledged waiver of most appellate rights in exchange for a favorable plea deal.
The trial court issued a certification stating Appellant had no right to appeal; later, the certification was amended to reflect a right to appeal pretrial matters.
The court of appeals ordered amendment to show a pretrial-right to appeal; the trial court prepared a new certification indicating Appellant had the right to appeal pretrial matters.
Appellant appealed the denial of his suppression motion; the State argued he waived that right as part of the plea bargain, and the amended certification was defective.
Texas Supreme Court granted discretionary review to address preservation, certification content, and waiver issues related to the amended certification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation duty for waiver argument	State: Rule 25.2(f) permits raising waiver issues on appeal; no pre-brief preservation requirement.	Marsh: State must preserve via motion to strike before brief; no obligation to raise on appeal.	Rule 25.2(f) permits appellate challenge on appeal; no pre-brief preservation required.
Court of appeals dictating certification content	State: Court could require amendment but not dictate exact certification language.	Marsh: Court can order amendment to cure defects within rule limits.	Court of appeals erred by dictating exact certification language.
Appellant's waiver of pretrial appeal right	State: Record shows appellant knowingly and voluntarily waived the right to appeal pretrial matters.	Marsh: Waiver not clearly established by record.	Record shows a valid knowing and voluntary waiver of the right to appeal pretrial matters.
Effect of waiver on appellate jurisdiction	Waiver defeats appellate jurisdiction over the suppression appeal.	Waiver arguments were not properly recognized by the court of appeals.	Because waiver valid, the court of appeals lacked jurisdiction; dismiss and vacate.

Dears v. State, 154 S.W.3d 610 (Tex.Crim.App. 2005) (court compares certification to record to determine defect)
Menefee v. State, 287 S.W.3d 1 (Tex.Crim.App. 2009) (courts may sua sponte compare certification to record when urged)
Greenwell v. Court of Appeals for the Thirteenth Dist., 159 S.W.3d 645 (Tex.Crim.App. 2005) (courts cannot dictate certification content)
Sherwood v. State, 340 S.W.3d 929 (Tex.App.-El Paso 2011) (preservation or challenge to amended certification on appeal)