Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/22/2015 8:52:22 AM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-15-00035-CR 3855020 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/22/2015 8:52:22 AM JEFFREY D. KYLE CLERK NO. 03-15-00035-CR ANDREW ALBERT WOLFFORD § IN THE THIRD VS. § DISTRICT COURT OF THE STATE OF TEXAS § APPEALS OF TEXAS
MOTION TO DISMISS TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above styled and numbered cause, and moves this Honorable Court to dismiss the Appeal related to ANDREW ALBERT WOLFFORD’s trial court cause number CR2013-401, and for good cause would show the following:
I. Appellant pled guilty to the offense of Possession with Intent to Deliver a Controlled Substance PG 1 > 4 Grams < 200 Grams, committed on November 23, 2012. Judgment of Conviction by Court at 1, attached . The Appellant entered into a signed plea agreement with the State in which he waived his right to appeal from the judgment and sentence. Waiver & Plea Bargain Agreement, State’s Exhibit 1 at 3, attached . The Court followed the plea agreement, sentencing Appellant to 35 years confinement in TDCJ on November 3, 2014 in Cause Number CR2013-401. In the trial court’s certification, signed by Appellant and his counsel, the trial court
1 *2 noted the defendant had waived and had no right of appeal. Trial Court’s Certification at 1, attached .
II. Appellant filed his untimely notice of appeal with the Court on January 16, 2015. As agreed to in the plea and stated in the Trial Court’s Certification of Defendant’s Right of Appeal, the Appellant has waived the right of appeal and has no right of appeal in this case. See Tex. R. App. P. 25.2(a)(2), (d); see also Blanco
v. State
, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000) (finding no valid or compelling reason defendant should not be held to his plea bargain waiver of his right to appeal). The appeal should therefore be dismissed.
III. WHEREFORE, PREMISES CONSIDERED, the State’s counsel respectfully prays that the Court dismiss Andrew Albert Wolfford’s Appeal.
Respectfully submitted, /s/ Joshua D. Presley Joshua D. Presley, SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008
2 *3 CERTIFICATE OF SERVICE I, Joshua D. Presley, assistant district attorney for the State of Texas,
Appellee, hereby certify that a true and correct copy of this
Motion to Dismiss has been sent to Appellant ANDREW ALBERT WOLFFORD’s attorney of record: Mr. E. Chevo Pastrano chevo@pastranolaw.com Attorney for Appellant Old Cotton Exchange Building 202 Travis, Suite 307 Houston, TX 77002 At the above email address by electronic mail through efile.txcourts.gov on this 22 nd day of January, 2015:
/s/ Joshua D. Presley
Joshua D. Presley
3
*4 INCIDENT No.fi'RN: 9212964818 TRS: A001 r
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c:::J - - :z: CASE No. CR2013-401 COUNT SINGLE
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ANDREW ALBE T WOLFFORD § N 0
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§ § STATE ID No.: TX-06866421
JUDGMENT OF C ONVICTION BY COURT-WAIVER OF J URY TRIAL
Date Judgment NOVEMBER 3, 2014 J udge Presiding: H oN. DIBRELL WALDRIP Entered: Attorney for Attorney for State: SAMMY MCCRARY JAMES PEPLINSKI Defendant: Offense for which Defendant Convicted: POSSESSION WI'f'H INTENT TO DELIVER A CONTROLLED SUBSTANCE PG 1 > 4 GRAMS < 200
GRAMS
Charging Instrument: Statute for Qffense: 481.112 (d) HEALTH AND SAFETY CODE INDICTMENT Date of Offense: NOVEMBER 23, 012 Plea to Offense: Findings on Deadly Weapon: Degree of Qffense:
FIRST DEGREE ELONY ENHANCED TO
NIA
GUILTY HABITUAL OFF NDER [12.42 (d)] Terms of Plea Bargaint THIRTY-FIVE (35) YEARS CONFINEMENT IN THE INSTITUTIONAL DMSION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND $140.00 RESTITUTION Plea to 1 [11] Enhancement Paragraph: TRUE Findings on 1'" Enhancement Paragraph : TRUE Plea to 2nd Enhancement Paragraph: TRUE Findings on 2nd Enhancement Paragraph: TRUE Plea to 3n1 EnhancemJpt Paragraph: TRUE Findings on 3rd Enhancement Paragraph: TRUE Dale Sentence Impoaep: NOVEMBER 3, 2014 Date Sentence to Commence: NOVEMBER 3, 2014 Punishment and Pia~ THIRTY-FIVE (35) YEARS CONFINEMENT IN THE INSTITUTIONAL DMSION, of Confinement: TDCJ
THTS SF.NTENCE SHALL RUN CONCURRENTLY. 0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A Court Costs: Restitution: Restitution Payable to: 0 VICTIM (see below) 181 AGENCY/AGENT (see below)
TRXAS DEPARTMENT OF PUBLIC SAFETY
RESTITUTlON ACCOUNTING
$0.00 $0.00 $140.00 P.O. BOX 4087
AUSTIN, TEXAS 78773·0130
HDQ·l212·11G91 Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRrM. PROC. chapter 62
T he age of the victim at the time of the offense was N/ A. If Defendant is to serve sentence in TQCJ. enter incarceration periods in chronological orde r. FROM 1U2312012 TO 02/28/2013 06/13/2013 TO ll/0312014 Time If Defendant is to serve sente nce in counly juil ur i!! lriven credit toward fine !!nd costs. enter days credited below. Credited:
N/ADAYS NOTES: NIA All pertinent iofonnation, names and assessments indicated above are incorporated into tbc language ui the judgment below by reference. *5 This cause was called for trial in COMAL County, 'T'exMI. The State appeared by her District Attorney. CoW1Sel / Waiver of Couusel <select one) ~ Defendan appeared in person with Counsel. 0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open courl. Both parties Enounced ready for trial. Defendant waived the right of trial by j\u·y and entered the plea indicated above.
The Court then admo 'shed Defendant as tequired by law. lL appeared to the Court that Defendant was mentally competent to stand trial, made the lea freely and voluntarily, and was aware of the consequences of this plea. The Court recewed the plea and entered it of record.fving heard the evidence submitted, the Court found Defendant guil ty of the offense indicated above. In the presence of Defendan the Court pron01mced sentence against Defendant.
The Court S Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDs the Presentence Investigation, if so ordered, was done accordi ng to the applicable provisions of TEX. Con J CRJM. 'PROC. a rt. 42. 12 § 9.
The Cow·t ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicateQ. above. Punishment Options <select one)
[gj Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey. and deliver Defendant to the Director, INSTITUTIONAL DMSION, TDCJ. The Court ORDERS Defenda.ut to ~ confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, De endant proceed im mediately to the parole and/ or probation depal'tment. Once there, the Court ORDEBS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court co~l~. and rt!slilution as ordered by the Court above.
0 County Jail- Confinement I Confi.J:l.ement in Lieu of Payment. The Cou1·t ORDERS Defendant immediately committed to the custody of the Sheriff of Comal County, Texas on lhe date the sentence is to commence. Defendant shall be confined in the Comal County Jail for the Ileriod indicated above. The Court ORDERS that upon release n·om confinement, Defendant shall proceed immediately to the N/fi. Ouce there, the Court. ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Comal County N/A. Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Com't in this cause. Execution I Suspension of Sentence (select one)
[gj The Court ORDERS Defendant's sentence EXECUTED. D The Court ORDERS Defendant's sentence of confinement SUSPENDED. Tbe Court ORDERS Defendant placed on communi ty
supervision for thP a~judged period (above) so long as Defendant. abides by and doe~ not violate the terms and conditions of community supervisiob. The order setting fotth the terms and conditions of community supervision is incorporated into this judgment by reference
The Court OR.PERS that Defendant is given Cl'edit noted above on this sentence for the time ~:~pen t. incarcerated. Furthermore. the following special findings or orders apply: THE STATE WILL NOT FILE ANY ADDITIONAL CHARGES BASED ON STOP AND ARREST OF THE
DEFENPANT ON NOVEMBER 23. 2012.
Signed and entered. on this _f(-""--- day of *6 Approved as to form aod content: Clerk: Kathy Faulkner
RighL Thumbpnnt *7 CAUSE NO. CR 20J3-J./()/
THE STATE OF TEXAS
lN THE DlSTR.iCT COURT VS OF COMAL COUNTY
Andrew W 6~rd 207m DISTRICT COURT
FINGERPRINT EXHIBIT
The fingerprint shown below is a print of the above named defendant's right thumb taken
upon disposition of cause number noted above.
. . '· .. - . DEFENDANT'S RIGHT THUMI3 EXHll3lT ··A·· *8 - " CAUSE NO. CR. .20L3.- 'lot ••• ~u~ ~r I IRT ~ 207TH JUDICIAL DISTRICT §
V.
AaJr<lcL A lb.--:1:. Wa l·R":>.l CO MAL COUNTY, TEXAS
§ Defendant .. _,. . C>TIDI U
JUDICIAL CONFESSION
&
PLEA BARGAIN AGREEMENT
I. ADMONISHMENTS, ART. 26.13, C.C.P.: The Defendant is hereby admonished in writing that if convicted, the uerenaam may oe semencea w1mm me pun1s ·~"' 'd""~ OdOh~U " ' UO~ 1. Punishment Range: D Imprisonment in the Institutional Division of the Texas Cagital Felony {death genalrl waived} Department of Criminal Justice for a term of Life.
!1if Imprisonment in the Institutional Division of the Texas Department of Criminal Habitual Offender Justice for Life or for any term or not more man ~H:I years or Jess man Lb years.
D
1st Degree Felony <Repeat Offender) -Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 15 years; in addition, a fine not to exceed $10,000.
D
1st Degree Felony-- Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term of not more than 99 years or less than 5 years; in addition, a fine not to exceed $10,000.
D
2"d Degree Felony Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years; in addition, a fine not to exceed $10,000.
D 3rd Degree Felony Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for anv term of not more than 10 vears or less than 2 years; in addition, a fine not to exceed $10,000.
D State Jail Felony {deadly weaQ:on used or exhibited I State Jail Violent Offender I State Jail Imprisonment in the Institutional Division of the Texas Department of Habitual Offender} Criminal Justice for any term of not more than 10 years or less than 2 years; in addition, a fine not to exceed $10,000.
D State Jail Felonv . Confinement in a State Jail for anv term of not more than two years or less than 180 days; in addition, a fine not to exceed $10,000.
D Other I SQeciall Enhancement under Texas Penal Code §12 35(c) §12.42 §12.44 or Texas Health and Safety Code ChaQter 481 or Other Provision of law: sx 1 I I 1'1 -tiff/ Defendant's Initials Page I of6- Plea Bargain Agreement . r *9 - • 2. Plea Bargain The recommendation as to punishment is not binding on the court. If a plea bargain does exist, the court will Inform you m open cou~ oerore maKmg a nnmng on you· p1ea. "c' ·~,w~::.~·~~u:,': oc · · "'' , ;.. · .ao" · · desire.·~· If the punishment assessed does not exceed the punishment 3. Court's Permission to AQQeal recommended by the prosecutor and agreed to by you and your attorney, the Court must give its permission to you before you may prosecute an appeal on any matter except for matters raised by written motion filed prior to trial.
.. ~ nl~~ nf no oHtv nr nolo contendere for ,,.; ,fth I lnlt~rl ,O:t~•~~ nf " A this offense may result in your deportation, exclusion from admission or denial of naturalization under Federal law. If you receive community supervision, a prison or jail term, or
5. Sexual Offender Registration Reguirement deferred adjudication, for an offense described in Chapter 62 of the Texas Code of Criminal Procedure, ~ . ..: .. , you must meet all the regis!_ration requirements set out in that chapter. Failure to properly register is a .•. '"' ~- . . ~'" . . . ·;;,;t-~mur ~ttornev has advised vou reaardina anv aoolicable reaistration requirements of Ch.62. If the Court grants deferred adjudication under Art. 42.12, Sec. 5, Code of 6. Deferred Adjudication Criminal Procedure, on violation of any imposed condition, you may be arrested and detained as provided by law. You will then be entitled to a hearing limited to a determination by the Court of whether to proceed with an adjud~c;atio~ of guilt on the original ch~rge. After adjuctic:ati 1 o~f of guilt, ~il!!:~~;ed_i~gs, including
u erv1s1on and vour [1] riaht to aooeal continue as if adjudication of guilt had not been deferred. Upon adjudication of guilt, the Court may assess your punishment at any term and fine within the range 6f11le ongtnat cnarge.
7. Communi~ Sugervision The Judge of the Court having jurisdiction of the case shall determine the terms and conditions of your community supervision unless they are otherwise negotiated as part of this plea bargain agreement. The Judge may, at any time, during the period of your community supervision alter or modify the terms and conditions. The Judge may impose any reasonable condition that is designed to
or restore the commun-i~. orotect or restore the victim, or punish, rehabilitate. or reform the Defendant. IL VOLUNTARY STATEMENTS Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes the following voluntary statements:
1. "That I was sane at the time of the offense and am presently competent to stand trial." 2. "That I understand the nature of the charges contained m the Indictment or u1Tormauon 1n m1s cause. 3. "That the Court has admonished me orally or in writing of the consequences of a plea of guilty. I
understand the minimum and maximum punishment provided by law for this offense." "That I have the right to a trial by jury whether I plead "Guilty", "Not Guilty", or "Nolo Contendere"."
4. 5. "That I have the right to remain silent but if I choose not to remain silent, anything I say can be used
aga1nst me. 6. "That 1 have the right to be confronted by the witnesses against me whether 1 have a trial before the Court or the jury." 7. "This plea is made pursuant to a plea bargain." "I L_ (am) __ (am not) a citizen of the United States of America." 8. ll r. I LHII/ Defendant's Initials Page 2 of 6 - Plea Bargain Agreement *10 ' '
Ill. WAIVERS- Now comes the Defendant in writing and in open court in the above entitled and numbered cause
ny represented by his attorney with whom he has prevtousty consUlrea ana rreety, " " lN ~uu uoc ov '"
1. Waive service of the indictment and the two day waiting period for arraignment; and I also waive the 10 day period for preparation after appointment of counsel and the 10 day period in which to file written pleadings after arrest.
2. Waive the right to be arraigned. ..... h · thP I nf the Court and of the attornev for Mrl the State to such waiver. 4. Waive my right to remain silent in the guilt-innocence and punishment phases of the trial, and state that it is my desire to take the witness stand, knowing anything I may say can be used against me, and make a ...
judicial confession of my guilt.
> ~~ h~•o, "' thA '"nrl :~ ;nfth;~ matter. This waiver also includes, but is not limited to, any and all statements contained in any pre-sentence investigation report(s) reviewed by the Court in deciding tne sentence to oe imposed in this matter.
6. Waive the right to file a motion for new trial. I understand my right to appeal but, having entered into a plea agreement with the State and as part of 7. ."" :;, · ·~;.,.; mv ,;nht tn from the ;udnment and sentence or probated [1] sentence aareed uoon. I understand my rights to seek relief pursuant to a post conviction writ of habeas corpus under Article
8. 11.07 of the Texas Code of Criminal Procedure but, having entered into a plea agreement with the State and as part of that agreement before sentencing, I knowingly, intelligently, and voluntarily waive my light to seek relief from the judgment and sentence or probated sentence agreed upon pursuant to a post conviction writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure.
9. Waive the right to a pre-sentence report and request that none be made. 10. Waive any review set out under Texas Code of Criminal Procedure, Art 42.12, Sec. 20 (a). The parties
have fully negotiated the details of this agreement including the length of the term of community supervision. Therefore, the Defendant shall not ask for, shall not be considered for, and shall not receive an early termination of community supervision unless otherwise specified in this plea bargain agreement.
11. Waive the riQht to seek shock community supervision under Texas Code of Criminal Procedure_, Art 42.12, Sec .. 6 or Texas Code of CriminaTVroceaure, A;;_ 4L.1L, :sec. ',:'~'!;, ~ • ua~~ ou_"Y_ . _v:" T~~refore, the Defend~~·t shall not ask for, shall not be considered for, and shall not receive superv1s1on. shock community supervision under Texas Code of Criminal Procedure, Art 42.12, Sec. 6 or Texas Code of Criminal Procedure, Art 42.12, Sec. 15(f) unless otherwise specified in this plea bargain agreement,
IV. STIPULATIONS AND JUDICIAL CONFESSION-- Now comes the Defendant in writing and in open court in the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes tne tollowtng JUutctao conoeSbiV"lbJ cu ''"'"
"I do admit and judicially confess that I knowingly and intentionally and unlawfully committed the offense(s)
1. alleged in the indictment or information in this cause at the time and place and in the manner alleged and that such allegations are true and correct, and that I am in fact GUlL TY of the offense alleged or as a lesser included offenses of the oftense(s) charged in the indictment or information. "
2. "Under Texas Code of Criminal Procedure Article 1 .15, I hereby consent and stipulate in writing, in open . ··h~ . . of '"'~timonv bv-affidavits, /', r. ru f""'\'\7 Defendant's Initials
Page 3 of6- Plea Bargain Agreement *11 written statements of witnesses, and any other documentary evidence in support of the judgment of the Court." "I voluntarily enter my plea of GUlL TY to said offense, and my plea is not influenced by any considerations
3. of fear or any persuasion or any delusive hope of pardon. In making my plea of guilty I am not relying on any advice, information or agreement not made to the Court at this time." "I have been advised by my attorney that if I am convicted or placed on deferred adjudication for a
4. reportable sex offense under Chapter 62 of the Code of Criminal Procedure I will be required to meet the 5. "I have read this entire document, discussed it fully with my attorney and understand this document completely and I am aware of the consequence of my plea, and am satisfied I have been effectively represented."
6. "If I am not a citizen of the United States, I have inquired into, understand and accept the immigration consequences of this plea bargain agreement." "If th.:. n• nishment recommendation is for deferred adiudication or community supervision, I have inquired [7] into, understand and accept the possible ranges of conditions of commumty superviSion, 1nclud1ng mose conditions that may require my confinement in a facility up to and including S.A.F.P.F."
V. PLEA AGREEMENT AND SENTENCING RECOMMENDATION In consideration of The Defendant Agreeing: 1. to nlea "Guilt"'" to and be found guilty of the offense(s) of: 2. to judicially confess and stipulate as specified in paragraph IV, above; 3. to waive his/her rights as specified in paragraph 111, above; 4. to, if placed on deferred adjudication or com~unity supervision, participate 1n any an_d au.,::o.~~lttons or
?omm_unrty superviSion 1nc Uull•~ ~·•u::.c ..... u •u• .. 7 -7 tncludtng S.A.F.P.F.; that the fine and community service restitution hours imposed in this cause shall run consecutive to and
5. be cumulated with the fine and community service restitution hours imposed in any other cause, whether before this court or any other court, unless otherwise specified in this plea bargain agreement;
A '
~ to plea "True" and Agree to anafformat"1venn01ng 10 e l(S) 6. ____ Other: _______________________________ _ 7. The State Agrees to recommend the following sentence: - £:~)
' " .J_
Yv- ' " '•· ~t::;, . I v~"rs\ imnrisonment in the Institutional Division of the Texas Department of Criminal Justice Texas State Jail Facility. _____ That the Defendant be placed on ___ years of regular community supervision. 2. _____ That Defendant be placed on ___ years of deferred adjudication community supervision. 3. d\. +t\1/
Page 4 of 6 - Plea Bargain Agreement
Defendant's Initials ' *12 t '""' / • 5. /'V\ That the Defendant pay be5 L... ... t,. r -d:· r v as directed. { 6. Prosecute only on the lesser included offense of: 7. Take the following unadjudicated offense(s) into consideration pursuant to Texas Penal Code
and defendant judicially confesses to §12.45: each element 6fllle orrense.
Community Service Hours. That the Defendant participate in 8. days in County jail as a condition of community That the Defendant be confined 9. supervision. That the Defendant's driver's license shall be suspend;.~, for a period of two (2) years, that the 10. · · · · · ... ; , ,.;., .. ntir" neriod of community ant shall attend treatment as recommended by the Carnal County Adult ~~·~· ·~"~· :-;:..,.; +";., ·;:.,_· Community Supervision Department up to and including S.A.F.P.F.
11. XX: Other: ;s)-- /' v-......,A Tt,. 51-.f< w. II o.+ /":1< (d>:L "'ddA,·~·· I ~ b ljCC)Clo£ f, .,_, •• l po ' I C A 11-'1~- /_'") 1 12. Court Costs and a $15.00 crime stoppers fee, payable at sentencing. The above terms co~~~i~~~t~ ~~r agreement, and there are no agreements not set forth above. The Defendant and · '" · ,..., •" •~ "~· , olea baraain. .~ .. A~C. OC i , . . . . . . A~O C Furthermore, the Detenaant scaces, --, """' """""' ~·-~~ TO READ AND WRITE THE ENGLISH LANGUAGE AN INTERPRETER HAS ASSISTED ME IN READING THIS ENTIRE DOCUMENT AND AIDED ME IN DISCUSSING SAME WITH MY ATTORNEY. I HAVE READ THIS ENTIRE DOCUMENT AND DISCUSSED IT FULLY WITH MY ATTORNEY. I UNDERSTAND THIS DOCUMENT COMPLETELY AND I AM AWARE OF THE CONSEQUENCES OF MY PLEA. MY ATTORNEY HAS DISCUSSED WITH ME THE LAW AND FACTS APPLICABLE TO THIS CASE, A 0 N~ I AM SATISFIED THAT I HAVE BEEN EFFECTIVELY COMPETENT· I UNDERSTAND THE ADMONISHMENTS IN
• AM :--,ENT MY t'Lt:A.,~', ~A~A~RAPH 1.· I AM FREELY, VOLUNTARILY, KNOWINGLY, AND INTELLI JUDICIALLY CONFESS AS STATED IN PARAGRAPH 1\i:lt\ ~ lilA~ "GUILTY". I WAIVE MY RIGHTS AS SPECIFIED IN ~"'t<Ao-n m. o "'' -~ ~
v 71 ' ' D .d/
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SWORN AND SUBSCRIBED TO before me by the Defendant, this the _.!.... aay o { ,._..___
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7+{AJ Defendant's Initials Page S of 6 - Plea Bargain Agreement *13 1 hereby join, consent to and approve of the waiver of jury trial pursuant to Art. 1.13, C.C.P., and the stipulations of
evidence pursuant to Art. 1.15 C. C. P. In addition, I hereby adv1se the Coun mat 1 nave ru11y consUitea Wltn me uerenoam . . . . . . . ;~ admonishments:'fs aware of the consequences of the plea, an"d is freely, voluntarily, knowingly and int~lligently entering hislher plea of "Guilty", his/her waiver of rights as specified in paragraph Ill, and his/her stipulations and judicial confession as specified in paragraph IV.
r--... ~ ~~ b.( - \' y - '---' I hereby join, consent to and approve of: ( 1) the stipulations of evidence pursuant to Art. 1.15, C.C. P.; and (2) the waiver of jury trial pursuant to Art. 1.13, C.C.P ., conditioned on the Court accepting this Plea Agreement and sentencing the Defendant in accordance with this Plea Agreemeno
--- ' ffi\ ""' ,- ' /
ASSISTANT
C~AL DISTRICT ATTORNE
ORDER OF THE COURT
Th r-, f;, ; , >h , , 11\ oh, "'""'"' ..,,,...."" wh.cr.n the alleaed offense was committed is mentallv competent, is represented by competent counsel, understands the nature of the charges against him/her and the consequences of a plea of guilty or nolo contendere, including the minimum and maximum punishment provided by law; (2) the attorney for the Defendant and the State consent and approve the waiver of trial by jury and agree to stipulate the evidence in this case; and (3) the Defendant's plea of guilty, statements, waivers, stipulations, and judicial confession were freely, voluntarily, knowingly and intelligently made.
_,_ v;th ~II f;nrl;nM ~~~PI n"t "hnve. ~ J /j
"7
IT IS SO ORDERED on this the __L_ da~ ,:~ ~ JU"""""~ESyt'G'C_./ / /' l (/ ri l1f\IV Defendant's Initials
Page 6 of6- Plea Bargain Agreement *14 cAusE No. cP.~o 13- Lto 1 THE STATE OF TEXAS § IN THE DISTRICT COURT A11dr<w A fh..,f \cY./ f'.,C..-..(
§ COMAL couNTY, TEXAS
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, Jydg€! of the trial coblrt, certify this uiminal cas€!: ___ is not a plea-bargain case, and the defendant has the right of appeal. (or) ___ is a plea-bargain case, but matters were raised by written motion filed and ruled on and not withdrawn or
waived, and the defendant has the right of appeal. (or) ___ is a plea bargaiR ease, btJt the trial eeurt has giuefl permissieA te af)peal, aAcl tAe elefeAEiaAt t'las tRe right ef appeal. (or) . / is a Q)ea-bargain cas;, and th';)j:?~F 7 nt has NO right of appeal. (or) A t he defen~ a~a ived 'fe{rigtJ ~ a ppea I. I / / .
........._/-/ V I A? !A r .1. fl1(~ /) //-5--//
p
PRESIDII\It; JU~ -v '-' DATE / 1 have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any rights to file a prose petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admomshed that my attorney must mali a copy of the court of appeals JUdgement and opinion to my last koow11 address and that I I •ave 01 ily 30 days in wliicl1 to file a pi u se petitio•• f01 disu etio••a• y review in the Court of Criminal Appeals. Tex. R. App. P. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which 1 am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, if 1 fail to timely inform my appellate attorney of any change in my address, I may lose the opportunity to file a prose petition for discretionary review. A defendant m a cnmmal case has the nght of appeal under these rules. I tie trial court shall enter a cer lification of defendant's right to appeal in every case in which it enters a judgement of guilt or other appealable order. In a plea bargain case--that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant-a defendant may appeal only: (A) those _watters that were raised by written motion filed and ruled on before tr'le trial or (B) after getting the trial court's permis!)<m to ""peai."TE~ ~l~ APPELLATE PROCEDURE 25.2(a)(2r.----.. 6
.< 1.. I A I \ I /~ ) /'1 ..1.. )Jj /L, ............ I DEFENDANT ADDRESS
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