Patty Ann Armstrong v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 6, 2023
• Docket: 05-23-00743-CR
• Status: Published

Opinion

Dismiss and Opinion Filed November 6, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00743-CR

PATTY ANN ARMSTRONG, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 072659

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Molberg Patty Ann Armstrong appeals her conviction for aggravated assault with a

deadly weapon causing serious bodily injury. This Court lacks jurisdiction over the

appeal. Accordingly, we dismiss the appeal.

Appellant was indicted on four counts: (1) aggravated assault with a deadly

weapon causing serious bodily injury to a member of appellant’s family or member

of appellant’s household or a person with whom appellant had or has had a dating

relationship, (2) injury to an elderly person causing serious bodily injury, (3)

attempted murder, and (4) assault causing bodily injury to a member of appellant’s family or member of appellant’s household or a person with whom appellant had or

has had a dating relationship. On April 6, 2023, appellant signed a judicial

confession and a plea agreement. The plea agreement, which was signed by

appellant, her attorney, the prosecutor, and the trial court, provided appellant would

plead guilty to count one, and the State would waive counts two, three, and four. The

plea agreement included a waiver of the right of appeal: “I, therefore, with consent

of defense counsel, waive any and all statutory time for sentencing and my right to

file a motion for a new trial and to appeal and state that it is my desire to be here and

now sentenced on this the 6[th] day of April, 2023.”

After a sentencing hearing, the trial court followed the plea agreement and

found appellant guilty as to count 1 and sentenced her to forty years’ imprisonment.

The trial court then dismissed counts two, three, and four pursuant to the plea

agreement. The trial court’s certification of appellant’s right of appeal states the

court “certif[ies] this criminal case is a plea-bargain case and the defendant has NO

right of appeal.” The certification is signed by the trial court, appellant, and

appellant’s trial counsel.

A defendant in a criminal case has the right of appeal as set out in the Code

of Criminal Procedure and the Rules of Appellate Procedure. See TEX. CODE CRIM.

PROC. ANN. art. 44.02; TEX. R. APP. P. 25.2(a). Rule of Appellate Procedure 25.2

provides that in a plea-bargain case a defendant may appeal only “those matters that

were raised by written motion filed and ruled on before trial,” “after getting the trial –2– court’s permission to appeal,” or “where the specific appeal is expressly authorized

by statute.” TEX. R. APP. P. 25.2(a)(2). When an appellant waives his right to appeal

as part of his plea bargain agreement with the State, a subsequent notice of appeal

filed by him fails to “initiate the appellate process,” thereby depriving this Court of

jurisdiction over the appeal. Lundgren v. State, 434 S.W.3d 594, 599 (Tex. Crim.

App. 2014).

In this case, appellant and the State entered into a plea agreement in which

appellant agreed to plead guilty to the charge of aggravated assault in count one, the

State and appellant agreed to waive their rights to a jury trial, and both the State and

appellant agreed to the trial court’s dismissal of counts two, three, and four in the

indictment. The documents appellant signed contained multiple admonishments

reflecting that appellant waived her right of appeal. The clerk’s record contains no

written motions filed by appellant that were ruled on before trial. Appellant did not

receive the trial court’s permission to appeal, and there is no specific statutory

authorization that would authorize an appeal in this case. Under these circumstances,

we must dismiss the appeal without further action. See TEX. R. APP. P. 25.2(d);

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

–3– Accordingly, we dismiss appellant’s appeal for want of jurisdiction.

230743f.u05 /Ken Molberg/ Do Not Publish KEN MOLBERG Tex. R. App. P. 47.2(b) JUSTICE

–4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

PATTY ANN ARMSTRONG, On Appeal from the 15th Judicial Appellant District Court, Grayson County, Texas No. 05-23-00743-CR V. Trial Court Cause No. 072659. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Reichek and Smith participating.

Based on the Court’s opinion of this date, this appeal is dismissed for want of jurisdiction.

Judgment entered this 6th day of November, 2023.

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