Theresa Haynes AKA Thresa Haynes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 18, 2023
• Docket: 02-23-00009-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00009-CR ___________________________

THERESA HAYNES AKA THRESA HAYNES, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 297th District Court Tarrant County, Texas Trial Court No. 1536914D

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

The State and Appellant Theresa Haynes aka Thresa Haynes agreed to a charge

bargain under which Haynes pled guilty to two counts—aggravated assault with a

deadly weapon and aggravated assault causing serious bodily injury—and pled true to

a repeat offender enhancement in exchange for the State’s waiving an aggravated

robbery count. See Tex. Penal Code Ann. §§ 22.02(a)(1), (a)(2), 29.03; Harper v. State,

567 S.W.3d 450, 454 (Tex. App.—Fort Worth 2019, no pet.) (discussing charge

bargains). Haynes also signed a written waiver of her right of appeal in this case.

Haynes was admonished that when a trial court follows a plea agreement, (1) the

defendant must obtain the court’s permission before prosecuting an appeal “on any

matter in the case except for matters raised by written motion filed prior to trial” and

(2) the trial court “seldom consents to an appeal where conviction is based upon a

guilty plea.” See Tex. R. App. P. 25.2; Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim.

App. 2003) (“An agreement to dismiss a pending charge, or not to bring an available

charge, effectively puts a cap on punishment at the maximum sentence for the charge

that is not dismissed.”); Harper, 567 S.W.3d at 455 (discussing charge bargains and

Rule 25.2(a)(2)).

In accordance with the parties’ agreement, the trial court found Haynes guilty

of aggravated assault with a deadly weapon and aggravated assault causing serious

bodily injury and sentenced Haynes to 20 years’ confinement on each count, to run

concurrently. The trial court’s certification of Haynes’s right of appeal, which was

2 signed by the trial court, Haynes, and Haynes’s trial counsel, certified that Haynes has

waived the right of appeal. Haynes filed this appeal the same day the certification was

signed.

After receiving a copy of Haynes’s notice of appeal, we notified Haynes that we

had received the trial court’s certification stating that she had waived the right of

appeal. We warned her that this appeal could be dismissed unless she or another party

desiring to continue the appeal filed a response by March 27, 2023, showing grounds

for continuing the appeal. See Tex. R. App. P. 44.3. We have received no response.

Accordingly, we dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 25.2,

43.2; Kennedy v. State, 297 S.W.3d 338, 342 (Tex. Crim. App. 2009); Shankle, 119

S.W.3d at 813; Tilley v. State, No. 02-22-00299-CR, 2023 WL 2179460, at *1 (Tex.

App.—Fort Worth Feb. 23, 2023, no pet.) (mem. op.).

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: May 18, 2023