## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 22

- 00136

- CR

ALYSSA HALEY THOMS , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 6th District Court

Lamar County, Texas

Trial Court No. 29388

Before Mo rriss, C.J., Stevens and van Cleef , JJ. Memorandum Opinion by Justice Stevens2 

### ME MORANDUM OPINION

Al ys sa Haley Thoms pled guilty to the offense of possession of a controlled substance

, 1

and the trial court placed her on three years’ defer red adjudica tion community supervision. On

September 20 , 2022, the trial court revoked Thoms’s deferred adju dication community

supervision, adjudicated her guilty of possession of a controlled substance , and sentenced h er to

four teen months ’ incarceration

. On the da y of her sentencing, Thoms waived h er right of appeal

when s he signed a document titled Waiver of Rights to Appeal Community Supervision

Revocation. That document states,

I, ALYSSA HALEY THOMS , Defendant in the above

- entitled and numbered cause, having b een convicted of the offense of POSS CS PG 2 < 1G and sentenced therein, hereby expressly state as a fact that I have been fully informed by the Judge of this Court and by my attorney, and I know , that I have the legal right of appeal from this conviction to the Court and by my attorney, and I know, that I have the legal right of appeal from this conviction to the Court of Appeals of Texas, and also the right to be represented on appeal by an atto rney of my own choice, or if I am too poor to pay for such an attorney or the record on appeal, the Court will, without expense to me, provide me with such an attorney and a proper record for such an appeal.

With full understanding of the above, I hereby in open court state that I do not desire to appeal and expre ssly waive any appeal in this case, and I hereby accept as final the judgment of conviction and sentence herein and I request that I be allowed to commence serving the same without further delay, and I also in open court expressly waive the filing of a Mot ion for New Trial as well as any Motion in Arrest of Judgment.

The waiver of right to appeal was also signed by Thoms’s attorney and by the district clerk of

Lamar County.

1 T EX

. H EALTH & S AFET Y C ODE A NN

. § 481.116( b) (Supp.)

.3

Even though Thoms waived h er right of appeal, s he nevertheless, acting pro se, fi led a

notice of appeal. “A court of appeals lacks jurisdiction over and must dismiss an appeal when

the defendant has validly waived [her] right of appeal.” Lopez v. State , 595 S.W.3d 897, 899

(Tex. App.

— Houston [14th Dist.] 2020, pet. ref’d) (citing Jon es v. State , 488 S.W.3d 801, 808

(Tex. Crim. App. 2016)); see also Freeman v. State , 913 S.W.2d 714 ( Tex. App.

— Amarillo

1995, pet. ref’d).

On October 20 , 20 2 2 , we informed Thoms of the defect in our jurisdiction over this

appeal and afforded h er an opportu nity to respond and, if possible, cure such defect. Thoms did

not file a response to our jurisdictional defect letter.

Because Thoms has no right of appeal as a result of h er explicit, written waiver of that

right , and because the trial court’s certifica tion correctly indicates that s he is without a right of

appeal, we dismiss this appeal for want of jurisdiction.

Scott E. Stevens

Justice

Date Submitted: November 21, 2022

Date Decided: November 22, 2022

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