Jasssan Rashaad Hughes v. State

• Court: Court of Appeals of Texas
• Decided: July 28, 2016
• Docket: 14-16-00177-CR
• Status: Published

Opinion

Motion Denied and Order filed July 28, 2016

In The

Fourteenth Court of Appeals ____________

NO. 14-16-00176-CR NO. 14-16-00177-CR NO. 14-16-00178-CR ____________

JASSSAN RASHAAD HUGHES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause Nos. 1413584, 1392119, and 1413583

ORDER On December 18, 2015, appellant entered a plea of guilty in each of these three case without an agreed recommendation as to sentencing. Following a presentence investigation hearing, the trial court sentenced appellant on February 19, 2016. Appellant filed a motion to abate these appeals because each of the clerk’s records contains two certifications of appellant’s right to appeal: one signed December 18, 2015, that states he waived the right to appeal; and one signed February 19, 2016, that states he has the right to appeal.

Although negotiated waivers of the right to appeal are valid, non-negotiated waivers of the right to appeal are valid only if the defendant waived the right of appeal, knowing with certainty the punishment that would be assessed. See Washington v. State, 363 S.W.3d 589, 589–90 (Tex. Crim. App. 2012); Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003). The record in this case does not appear to reflect that appellant waived his right to appeal knowing with certainty the punishment that would be assessed. See Ex parte Delaney, 207 S.W.3d 794, 799 (Tex. Crim. App. 2006); Blanco v. State, 18 S.W.3d 218, 219 (Tex. Crim. App. 2000). Therefore, the trial court’s February 19, 2016, certifications correctly indicate appellant has the right to appeal.

Accordingly, the motion to abate is DENIED. Appellant’s brief is due by August 18, 2016.