Dismiss and Opinion Filed July 5, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-22-00511-CR

EDRICK PAUL FULLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause No. F21-00491-J

MEMORANDUM OPINION

Before Justices Partida-Kipness, Pedersen, III, and Nowell

Opinion by Justice Pedersen, III

Edrick Paul Fuller, acting pro se, filed his notice of appeal in this case on May 

25, 2022. According to the notice of appeal, he sought to challenge the trial court’s 

February 15, 2022 order denying his pretrial motion to dismiss for lack of subject 

matter jurisdiction and the trial court’s April 25, 2022 order denying his pretrial 

“Motion to Dismiss Superseding Re-Indictment for Duplicity.” After he filed his 

notice of appeal, the trial court entered an order placing him on deferred adjudication 

for three years. For the reasons that follow, we dismiss this appeal.

A defendant has the right to appeal when a trial court enters a “judgment of 

guilt or other appealable order.” See TEX. R. APP. P. 25.2(a)(2), 26.2(a). In the 
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“ordinary” appellate context, a defendant appeals a judgment of conviction. Smith v. 

State, 559 S.W.3d 527, 535 (Tex. Crim. App. 2018) (citing Rodarte v. State, 860 

S.W.2d 108, 109 (Tex. Crim. App. 1993)). In other appealable criminal cases—for 

example, an appeal by the State under code of criminal procedure article 44.01 or an 

appeal from an adverse order after the issuance of a writ of habeas corpus other than 

a post-conviction application for habeas corpus brought under article 11.07—the 

“timetable for notice of appeal begins on the day of the signing of the appealable 

order, e.g., the order dismissing the indictment, granting a new trial, suppressing 

evidence, or denying habeas corpus relief.” Id. “Other examples of appealable 

orders that require a notice of appeal include: an order entering a nunc pro tunc 

judgment; an order setting bail while on appeal; and an order denying a motion for 

post-conviction DNA testing. None of these appeals arise in the ‘ordinary’ appellate 

context.” Id. Here, the two orders appellant sought to appeal were not “appealable 

orders;” as a result, we lack jurisdiction over the appeal and must dismiss.

In reaching this conclusion, we recognize that, in the meantime, the trial court 

entered judgment placing appellant on deferred adjudication probation. Under 

different circumstances, appellant may have appealed that judgment; however, in 

this case, appellant entered into a plea bargain agreement with the State. Under the 

agreement, appellant pleaded guilty to the charged offense and waived his right to 

appeal in exchange for the State’s recommendation that he received three years of 

deferred adjudication probation. The trial court followed the plea bargain agreement, 
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placed appellant on deferred adjudication for three years, and certified that appellant 

waived his right to appeal. Because appellant waived his right to appeal in 

conjunction with the plea agreement, we lack jurisdiction. See TEX. R. APP. P. 

25.2(a), (d); Lundgren v. State, 434 S.W.3d 594, 599 (Tex. Crim. App. 2014) (when 

appellant voluntarily waives right of appeal to secure benefits of plea bargain 

agreement, subsequent notice of appeal fails to “initiate the appellate process”).

We dismiss the appeal for want of jurisdiction.

220511f.u05

Do Not Publish

TEX. R. APP. P. 47.2(b)

/Bill Pedersen, III//

BILL PEDERSEN, III

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

EDRICK PAUL FULLER, Appellant

No. 05-22-00511-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District 

Court No. 3, Dallas County, Texas

Trial Court Cause No. F21-00491-J.

Opinion delivered by Justice 

Pedersen, III. Justices PartidaKipness and Nowell participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want 

of jurisdiction. 

Judgment entered this 5

th day of July, 2022.