Timmie Ray McDuffy v. State, 01-17-00124-CR

Appellant Timmie Ray McDuffy pleaded guilty to possession with intent to deliver phencyclidine (first-degree felony) without an agreed punishment recommendation, pending a PSI hearing.
In return, the State abandoned a deadly-weapon enhancement and agreed to recommend a sentencing cap of 15 years.
At the PSI hearing the trial court found McDuffy guilty and assessed punishment at 5 years' confinement.
The trial court certified that McDuffy waived his right to appeal; no trial-court permission to appeal was given.
McDuffy timely filed a pro se notice of appeal; the court of appeals considered whether it had jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate court has jurisdiction when defendant waived right to appeal after plea with consideration from State	McDuffy appealed pro se despite waiver; argued appeal should proceed	State relied on valid waiver made in exchange for abandoning enhancement and sentencing consideration	Waiver was valid (voluntary, knowing, intelligent); appellate court lacked jurisdiction and dismissed appeal

Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (defendant may knowingly waive appeal when consideration is given by State)
Jones v. State, 488 S.W.3d 801 (Tex. Crim. App. 2016) (upholding waiver where State's concessions constituted consideration reducing potential sentence)
Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (trial court certification of waiver controls appellate jurisdiction)
Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App. 2009) (dismissal required when valid waiver eliminates appellate jurisdiction)
Chavez v. State, 183 S.W.3d 675 (Tex. Crim. App. 2006) (waiver of appeal bars appellate review absent trial-court permission)