Unreported / Non-Citable
Background
Damarius Santez Washington pleaded guilty to possessing less than one gram of a controlled substance and received three years of community supervision.
At a rehearing on the State’s motion to revoke his community supervision, Washington agreed to waive his right to appeal in exchange for a twenty-two-month cap on any state-jail sentence. The trial court imposed a twenty-two-month sentence and certified that Washington had waived his right to appeal. Washington nevertheless filed a pro se notice of appeal.
The Court’s Holding
The Texas Sixth Court of Appeals dismissed Washington’s appeal for want of jurisdiction. It held that Washington’s valid waiver left him without a right to appeal and that the trial court’s certification accurately reflected that limitation.
The appellate court notified Washington of the apparent jurisdictional defect and gave him an opportunity to respond and, if possible, cure it. Although he responded, he did not establish a sufficient basis for the court to retain the case. The court therefore dismissed under Texas Rule of Appellate Procedure 25.2(d).
Key Takeaways
- A valid waiver of the right to appeal deprives a Texas court of appeals of jurisdiction over the defendant’s attempted appeal.
- Washington received a twenty-two-month sentencing cap in exchange for waiving appellate rights, and the trial court imposed a sentence at that cap.
- A pro se notice of appeal and response to a jurisdictional warning do not overcome a valid appellate waiver without a sufficient legal basis to avoid it.
Why It Matters
The decision underscores that an appellate waiver made as part of a sentencing agreement can foreclose later review, including after revocation of community supervision. It also illustrates the jurisdictional importance of the trial court’s certification concerning a criminal defendant’s right of appeal.