Sherwood v. State
2011 Tex. App. LEXIS 3350
Tex. App.2011Background
- Sherwood was convicted of possession of a controlled substance under one gram and sentenced to 90 days in county jail.
- The conviction followed a plea bargain in which the State recommended a 90-day sentence.
- Sherwood challenged (1) the absence of a complete reporter's record of the proceedings, including the guilty-plea hearing, (2) entitlement to a new trial due to no reporter's record of the guilty-plea hearing, and (3) denial of his motion to suppress.
- Sherwood moved to suppress after a traffic stop and subsequent search revealed drugs.
- The trial court denied the suppression motion and accepted the plea agreement, finding the plea intelligent, freely, and voluntarily entered.
- Sherwood appeals, but the State argues that the waiver of appeal in the plea agreement divests the court of jurisdiction to entertain any appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Sherwood’s appeal authorized given his waiver of rights to appeal? | Sherwood waived all rights of appeal. | State contends waiver precludes appellate review. | Appeal dismissed due to waived right to appeal. |
| Was the certification of the right to appeal defective and subject to correction or dismissal? | Certification did not reflect waiver; issues should be appealable. | Certification indicated appeal rights despite waiver. | Defect in certification rendered moot; dismissal of appeal affirmed. |
| Should the court reach the merits of the suppression issue given the waiver? | Rights to appeal precluded review of nonappealable matters. | Waiver bars addressing merits absent express permission. | Court did not address merits; dismissed appeal. |
Key Cases Cited
- Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000) (waiver of rights in noncapital cases permitted; appeal rights may be waived)
- Ex parte Delaney, 207 S.W.3d 794 (Tex.Crim.App.2006) (waiver of right to appeal requires permission to appeal)
- Dears v. State, 154 S.W.3d 610 (Tex.Crim.App.2005) (certification must reflect proceedings; defect may impede right to appeal)
- Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645 (Tex.Crim.App.2005) (review of defective certifications when record indicates appeal rights)
- Saldana v. State, 161 S.W.3d 763 (Tex.App.-Beaumont 2005) (certification truthfulness and record support essential)
- Pena v. State, 323 S.W.3d 522 (Tex.App.-Corpus Christi 2010) (defective certification may lead to dismissal when waiver evident)
- Moore v. State, 295 S.W.3d 329 (Tex.Crim.App.2009) (trial court cannot alter plea terms; need permission to appeal)
- Monreal v. State, 99 S.W.3d 615 (Tex.Crim.App.2003) (plea dispositions and appeal rights framework)