Andrew Albert Wolfford v. State

• Court: Court of Appeals of Texas
• Decided: January 22, 2015
• Docket: 03-15-00035-CR
• Status: Published

Opinion

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 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS VS. § DISTRICT COURT OF AM 1/22/2015 8:52:22 JEFFREY D. KYLE THE STATE OF TEXAS § APPEALS OF TEXAS Clerk

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 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 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 22nd day of January, 2015:

/s/ Joshua D. Presley Joshua D. Presley

3 CASE No. CR2013-401 COUNT SINGLE INCIDENT No.fi'RN: 9212964818 TRS: A001 r cw -- f"o:t c:::J

:z: 0 .,, r fT1 0 THE STATE OF TExAs § < -n I 0 § -J :::0 v. § .., :::0 rrl :X 0 § r:-? 0 ::::J ANDREW ALBE T WOLFFORD § N CD 0 § STATE ID No.: TX-06866421 §

JUDGMENT OF C ONVICTION BY COURT-WAIVER OF J URY TRIAL Date Judgment J udge Presiding: H oN. DIBRELL WALDRIP Entered: NOVEMBER 3, 2014 Attorney for Attorney for State: SAMMY MCCRARY Defendant: JAMES PEPLINSKI 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: INDICTMENT 481.112 (d) HEALTH AND SAFETY CODE Date of Offense: NOVEMBER 23, 012 Degree of Qffense: Plea to Offense: Findings on Deadly Weapon: FIRST DEGREE ELONY ENHANCED TO GUILTY NIA 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 111 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. Time FROM 1U2312012 TO 02/28/2013 06/13/2013 TO ll/0312014 Credited: If Defendant is to serve sente nce in counly juil ur i!! lriven credit toward fine !!nd costs. enter days credited below. N/ADAYS NOTES: NIA All pertinent iofonnation, names and assessments indicated above are incorporated into tbc language ui the judgment below by reference. This cause was called for trial in COMAL County, 'T'exMI. The State appeared by her District Attorney.

CoW1Sel / Waiver of Couusel

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

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 Approved as to form aod content:

Clerk: Kathy Faulkner RighL Thumbpnnt CAUSE NO. CR 20J3-J./()/

THE STATE OF TEXAS lN THE DlSTR.iCT COURT

VS OF COMAL COUNTY Andrew W6~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·· - " CAUSE NO. CR. .20L3.- 'lot ••• ~u~ ~r IIRT ~

V. § 207TH JUDICIAL DISTRICT

AaJr.l § CO MAL COUNTY, TEXAS Defendant

..._,. JUDICIAL CONFESSION C>TIDI U

& 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 Cagital Felony {death genalrl waived} Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for a term of Life.

!1if Habitual Offender Imprisonment in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term or not more man ~H:I years or Jess man Lb years.

D 1st Degree Felony

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 Habitual Offender} Imprisonment in the Institutional Division of the Texas Department of 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:

1'1 I sx 1 I -tiff/ .r Defendant's Initials Page I of6- Plea Bargain Agreement -

• 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.·~·

3. Court's Permission to AQQeal If the punishment assessed does not exceed the punishment 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. .. ,,.; ,fth I lnlt~rl ,O:t~•~~ nf ~ nl~~ nf no oHtv nr nolo contendere for A " this offense may result in your deportation, exclusion from admission or denial of naturalization under Federal law.

5. Sexual Offender Registration Reguirement If you receive community supervision, a prison or jail term, or 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.

6. Deferred Adjudication If the Court grants deferred adjudication under Art. 42.12, Sec. 5, Code of 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 o~f of guilt, ~il!!:~~;ed_i~gs, including 1 1 u erv1s1on and vour 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 Indictmentor 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."

4. "That I have the right to a trial by jury whether I plead "Guilty", "Not Guilty", or "Nolo Contendere"."

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."

8. "I L_ (am) _ _ (am not) a citizen of the United States of America." ll r. I LHII/ Defendant's Initials Page 2 of 6 - Plea Bargain Agreement '

' Ill. WAIVERS- 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 prevtousty consUlrea ana rreety, " " l N ~uu ny

uoc ov '" Waive service of the indictment and the two day waiting period for arraignment; and I also waive the 10 1. 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 Mrl I nf the Court and of the attornev for 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 ;nfth;~ matter. This waiver also includes, but is not limited to, any and all statements '"nrl

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.

7. I understand my right to appeal but, having entered into a plea agreement with the State and as part of ."" :;, · 1 ·~;.,.; mv ,;nht tn from the ;udnment and sentence or probated sentence aareed uoon.

8. I understand my rights to seek relief pursuant to a post conviction writ of habeas corpus under Article 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:" superv1s1on. T~~refore, the Defend~~·t shall not ask for, shall not be considered for, and shall not receive 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 ''"'" 1. "I do admit and judicially confess that I knowingly and intentionally and unlawfully committed the offense(s) 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 GUlLTY of the offense alleged or as a lesser included offenses of the oftense(s) charged in the indictment or information. "

"Under Texas Code of Criminal Procedure Article 1 .15, I hereby consent and stipulate in writing, in open 2. ··h~ . . . of '"'~timonv bv-affidavits, /', r. ru

f""'\'\7 Defendant's Initials Page 3 of6- Plea Bargain Agreement written statements of witnesses, and any other documentary evidence in support of the judgment of the Court."

3. "I voluntarily enter my plea of GUlL TY to said offense, and my plea is not influenced by any considerations 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."

4. "I have been advised by my attorney that if I am convicted or placed on deferred adjudication for a 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."

7 n• nishment recommendation is for deferred adiudication or community supervision, I have inquired "If th.:. 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.;

5. that the fine and community service restitution hours imposed in this cause shall run consecutive to and 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' 6. ~ to plea "True" and Agree to anafformat"1venn01ng 10 e l(S)

_ _ _ _ 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.

2. _ _ _ _ _That the Defendant be placed on _ _ _ years of regular community supervision.

3. _ _ _ _ _That Defendant be placed on _ _ _ years of deferred adjudication community supervision.

d\.

+t\1/ Defendant's Initials Page 4 of 6 - Plea Bargain Agreement

' 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.

That the Defendant participate in Community Service Hours. 8. That the Defendant be confined days in County jail as a condition of community 9. supervision.

10. That the Defendant's driver's license shall be suspend;.~, for a period of two (2) years, that the · ·· · · ...; , ,.;., .. 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:

Tt,. o.+ /":1< "'ddA,·~·· I ~ b ljCC)Clo£ f, .,_,••l ;s)-- /' v-......,A 51-.f< w. II (d>:L I po ' 1 C A 11-'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

• AM 0 AND FACTS APPLICABLE TO THIS CASE, A N~ I AM SATISFIED THAT I HAVE BEEN EFFECTIVELY COMPETENT· I UNDERSTAND THE ADMONISHMENTS IN ~A~A~RAPH 1.· I AM FREELY, VOLUNTARILY, KNOWINGLY, AND INTELLI :--,ENT MY t'Lt:A.,~',

~"'t

v ' Jti..J D 71 ' .d/ SWORN AND SUBSCRIBED TO before me by the Defendant, this the _.!.... aay o {

~~"7't"'J::!e ,._..___ ·~t; I y \J }~ :;. . .- ._;.___ oepot~ ~·

I '11 II/.,- A

7+{AJ Defendant's Initials Page S of 6 - Plea Bargain Agreement =- "T' -,., - 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 . 1.15 .C. C.. P. In addition, evidence pursuant to Art. . . 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 "7 J IT IS SO ORDERED on this the __L_ da~ ,:~ ~

JU"""""~ESyt'G'C_.// /'

(/ ri l l1f\IV Defendant's Initials Page 6 of6- Plea Bargain Agreement cAusE No. cP.~o 13- Lto 1 THE STATE OF TEXAS § IN THE DISTRICT COURT

A11dr

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)

th';)j:?~F nt has NO right of appeal. ~7 ./ is a Q)ea-bargain cas;, and (or)

A t he defen~ a~a ived 'fe{rigtJ a ppea I. ........._/-/ V I // . I A? !A r .1. fl1(~ /) //-5--// PRESIDII\It; JU~ -v '-' p 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 1fail 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!)

ADDRESS

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