Clyde Bolt v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 6, 2023
• Docket: 01-23-00081-CR
• Status: Published

Opinion

Opinion issued July 6, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00081-CR ——————————— CLYDE BOLT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court Harris County, Texas Trial Court Case No. 1706592

MEMORANDUM OPINION

Appellant Clyde Bolt pleaded guilty to the offense of murder. See TEX.

PENAL CODE § 19.02. The trial court signed a judgment of conviction, assessing

punishment at 35 years in the Texas Department of Criminal Justice, Correctional Institutions Division. Appellant filed a pro se motion for new trial and notice of

appeal. We dismiss the appeal.

A defendant may waive his right to appeal in all but capital cases. See

Carson v. State, 559 S.W.3d 489, 492–93 (Tex. Crim. App. 2018). As part of his

guilty plea, appellant signed a “Waiver of Constitutional Rights, Agreement to

Stipulate, and Judicial Confession” in which he waived the right to appeal, stating:

I understand the prosecutor’s punishment recommendation is 40 years TDCJ. I do not accept this recommendation as a plea bargain. Instead, I intend to enter a plea of guilty without an agreed recommendation of punishment from the prosecutor and request that my punishment should be set by the judge. I waive any further time to prepare for trial to which I or my attorney may be entitled. Further, in exchange for the state giving up their right to trial, I agree to waive any right of appeal which I may have.

By agreeing to waive its right to a jury trial, the State gave consideration for

appellant’s waiver of his right of appeal. See id. at 494. The trial court’s

certification of defendant’s right of appeal is included in the records on appeal. See

TEX. R. APP. P. 25.2. The trial court’s certification states that defendant waived the

right of appeal. The record supports the trial court’s certification. See Dears v.

State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because appellant has no

right of appeal, we must dismiss the appeal for lack of jurisdiction. See Chavez v.

State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

2 Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any

pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.

Do not publish. TEX. R. APP. P. 47.2(b).