Charles Eugene Hutchinson v. State ( 2017 )

DISMISSED and Opinion Filed December 8, 2017.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01037-CR
CHARLES EUGENE HUTCHINSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F17-54502-M
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart
Charles Eugene Hutchinson appeals the trial court’s judgment convicting him of
attempted possession of cocaine in an amount less than one gram. The trial court has filed a
certification showing appellant (1) entered into a plea bargain and he has no right to appeal; and
(2) he waived the right to appeal. Concluding the record supports the trial court’s certification,
we dismiss the appeal.
Appellant and the State entered into a written agreement in which appellant agreed to
plead guilty and waive his right to appeal in exchange for a 365 day sentence. To effectuate the
plea agreement, the State filed a motion to drop two enhancement paragraphs from the charge
and also filed a motion to reduce the offense from a state jail felony to a Class A misdemeanor.
See TEX. PENAL CODE ANN. § 12.44(b) (West 2011). The trial court granted the State’s motions
and assessed the agreed punishment of 365 days in county jail.
When a defendant waives the right to appeal in exchange for valuable consideration from
the State, the waiver is enforceable provided it is made voluntarily, knowingly, and intelligently.
See Jones v. State, 488 S.W.3d 801, 807–08 (Tex. Crim. App. 2016); Ex parte Broadway, 301
S.W.3d 694, 697–99 (Tex. Crim. App. 2009). Because the record showed appellant waived his
right to appeal in writing, the Court requested letter briefs from the parties to address the
question of whether the Court has jurisdiction over the appeal. Neither party chose to file a letter
brief.
We conclude appellant’s waiver of the right to appeal is enforceable. See Jones, 488
S.W.3d at 807–08; Broadway, 301 S.W.3d at 699; Blanco v. State, 18 S.W.3d 218, 220 (Tex.
Crim. App. 2000). Lacking jurisdiction over the appeal, we are required to 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).
We dismiss the appeal for want of jurisdiction.
/Craig Stoddart/
CRAIG STODDART
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
171037F.U05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHARLES EUGENE HUTCHINSON, On Appeal from the 194th Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F17-54502-M.
No. 05-17-01037-CR V. Opinion delivered by Justice Stoddart.
Justices Lang-Miers and Fillmore
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 8th day of December, 2017.
–3–