Washington v. State
363 S.W.3d 589
Tex. Crim. App.2012Background
- Washington pleaded guilty to sexual assault of a child and received deferred adjudication for ten years.
- The State moved to adjudicate guilt and Washington pleaded true to the allegations, with no agreed punishment.
- Washington waived his right to appeal in a written stipulation of evidence before sentencing; the trial judge found him guilty and sentenced him to 20 years and a $10,000 fine.
- The First Court of Appeals dismissed Washington's pro se appeal for lack of jurisdiction, relying on the waiver and certification.
- The court held that a waiver of the right to appeal made before sentencing and without an agreement on punishment is invalid, and there was no clear evidence of consideration for the waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of pre-sentencing waiver | Washington contends the waiver is invalid because it occurred before sentencing and without a negotiated punishment. | State contends the waiver was valid under the record and certification. | Waiver invalid; pre-sentencing waiver without punishment agreement is not valid. |
| Existence of consideration for the waiver | Washington argues there was no consideration for the waiver. | State asserts there was consideration supporting the waiver. | Record shows no clear State-provided consideration for the waiver; waiver invalid. |
Key Cases Cited
- Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006) (waiver of appeal may be involuntary when punishment-stage concerns arise)
- Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (distinguishes Delaney based on record showing consideration)
- Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (requires reviewing courts to examine record for defective certification)