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in Re Paul Ludie Moore
Citation: Not availableDocket: 01-12-00408-CV
Court: Court of Appeals of Texas; June 21, 2012; Texas; State Appellate Court
Original Court Document: View Document
Christopher Jerome Healy pleaded guilty to felony assault against a family member, resulting in deferred adjudication by the trial court, which imposed three years of community supervision and a $200 fine as per a plea bargain. The court certified that this was a plea-bargain case with no right of appeal. Subsequently, the State filed a motion to revoke Healy's supervision. Healy admitted to the allegations and waived his right to appeal in exchange for a recommended five-year confinement sentence from the State. The trial court adjudicated him guilty and sentenced him accordingly. The court's certification indicated that Healy had waived his right to appeal, which, under Texas law, precludes him from appealing without the trial court's consent. Healy's waiver was considered valid, as he made it knowingly and voluntarily as part of his plea agreement. Consequently, since there was no certification of a right to appeal in the record, the court dismissed the appeal for lack of jurisdiction, stating all pending motions were moot.