Mario Elliott Young v. State

Opinion issued July 24, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00009-CR
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MARIO ELLIOTT YOUNG, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 239th District Court1
Brazoria County, Texas
Trial Court Case No. 69418
MEMORANDUM OPINION
Appellant, Mario Elliott Young, timely appealed from his conviction for
aggravated assault. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West Supp. 2011).
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Counsel for Appellant: Phillip Morin
Counsel for Appellee: Travis Townsend, Brazoria DA's office
Trial court Judge: Hon. Patrick Sebesta
When no brief was timely filed, we abated the case for a trial court hearing to
determine indigence matters and appointment of counsel on appeal. On April 14,
2014, the court reporter filed a transcript of the abatement hearing held April 11,
2014. During the hearing, Young indicated he does not wish to pursue his appeal:
THE COURT: Do you still wish to pursue your appeal in this
case?
THE DEFENDANT: Not in that matter, no, sir.
THE COURT: Pardon?
THE DEFENDANT: Not in that matter, no, sir.
THE COURT: Okay. Then I think that makes the other
questions moot. You understand you do have the right to continue
with your appeal?
THE DEFENDANT: Yes, sir.
THE COURT: All right. And you’re telling me that at least
this appeal that’s been initiated pursuant under this cause number
that’s in the First Court of Appeals in Houston right now, you don’t
wish to continue that appeal. Is that right?
THE DEFENDANT: That’s correct, sir.
Although an updated certification of appellant’s right to appeal was not filed
with the supplemental record, the appellant clearly waived his right to appeal on
the record.
A valid waiver of appeal prevents a defendant from appealing without the
trial court’s consent. Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App.
2003). A waiver of appeal made after sentence is imposed is valid. See Monreal,
99 S.W.3d at 618, 622; Moreno v. State, 327 S.W.3d 267, 268–69 (Tex. App.—
San Antonio 2010, no pet.); Delatorre v. State, 957 S.W.2d 145, 149 (Tex. App.—
Austin 1997, pet. ref’d).
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Here, the record reflects that appellant waived the right to appeal after his
sentence was imposed. Because appellant waived his right of appeal after his
sentence was imposed, he has no right of appeal, and we must dismiss this appeal.
See TEX. R. APP. P. 25.2(d); Monreal v. State, 99 S.W.3d 615.
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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