Nathaniel Howard Thomas v. State

Dismissed and Opinion Filed April 8, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00171-CR
NATHANIEL HOWARD THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-32566-V
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Myers
Nathaniel Howard Thomas was charged with failure to register as a sex
offender, a third-degree felony. Appellant entered into a plea agreement with the
State in which he agreed to plead guilty to attempted failure to register, a state jail
felony, in exchange for the State’s recommended sentence of eight months. In
addition, appellant agreed to waive his right to appeal. After being admonished in
open court, appellant pleaded guilty and acknowledged he had waived his right to
appeal. The trial court found appellant guilty, followed the plea bargain agreement,
and assessed punishment at eight months in a state jail facility. As required by rule
25.2, the trial court prepared and signed a certification of appellant’s right to appeal,
stating this case is a plea bargain case and appellant has no right to appeal. Appellant
subsequently filed a notice of appeal with this Court. We dismiss this appeal.
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 25.2 provides that in “a plea-bargain
case—that is, a case in which a defendant’s plea was guilty . . . and the punishment
did not exceed the punishment recommended by the prosecutor and agreed to by the
defendant,” a defendant may appeal only “those matters that were raised by written
motion filed and ruled on before trial,” or “after getting the trial court’s permission
to appeal.” 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, 600 (Tex.
Crim. App. 2014).
Here, appellant agreed to plead guilty to the lesser charge of attempted failure
to register in exchange for the State’s recommendation that he be sentenced to eight
months in state jail. He also waived his right to appeal which he acknowledged in
the written plea agreement and in open court. On December 18, 2020, the trial court
followed the plea bargain agreement, found appellant guilty, and assessed
punishment at eight months in state jail.
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The clerk’s record shows there were no adverse rulings in any pretrial written
motions. And the trial court’s certification of appellant’s right to appeal states the
case involves a plea bargain agreement, appellant has no right to appeal, and
appellant waived his right of appeal. Under these circumstances, appellant’s notice
of appeal is ineffective to initiate the appellate process, and we lack jurisdiction over
the appeal. See id.We dismiss this appeal for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200171F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
NATHANIEL HOWARD On Appeal from the 292nd Judicial
THOMAS, Appellant District Court, Dallas County, Texas
Trial Court Cause No. F15-32566-V.
No. 05-21-00171-CR V. Opinion delivered by Justice Myers.
Justices Partida-Kipness and Garcia
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 8th day of April, 2021.
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