MICHAEL JUDE FJBJF. 

Appellant 

VS. 

T H E STAT E OF TEXAJS 

Appellee 

MOTIO N T O DISMISS FO R WAN T O F JURISDICTIO N 

This motion is fik d by the State of Texas, Appellee, and in support would show 

jury returned a verdict o 

phase. Appellant accep 

thereon waived his right 

his right to appeal. The 

CASE NO. 03-15-00212-CR 

IN THE COURT OF APPEALS 

THIRD SUPREME DISTRICT 

SITTING IN AUSTIN 

as follows: 

I. 

BACKGROUND 

Appellant was Indicted for the offense of Evading Arrest or Detention with a 

Motor Vehicle. Appellant insisted on acting Pro Se. The trial court appointed standby 

counsel to assist Appelhnt. A jury was selected and evidence presented. After the Guilty and before evidence was presented in the punishment 

ed a plea bargain offer of 3 years incarceration. Appellant 

to trial by jury in writing and signed a judicial confession. A 

true copy of the plea pae cet is attached hereto as Attachment I. Appellant also waived 

trial court filed the Trial Court Certification on Defendant's 

Right of Appeal certifying that the case was based on a plea bargain and Appellant has 

Page 1 of 3 

ACCEPTED

03-15-00212-CR

4832939

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/9/2015 4:21:01 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/9/2015 4:21:01 PM JEFFREY D. KYLE Clerk
no right to appeal. A true copy of the Trial Court's Certification on Defendant's Right 

of Appeal is attached he eto as Attachment 2. Appellant thereafter filed his Notice of 

Appeal Pro Se. Therefore this Court has no jurisdiction to consider the appeal initiated 

by Appellant. See Tex. R. App. P. 25.1(a)(2), (d). 

PRAYER 

WHEREFORE, the State prays the Court grant this motion and dismiss this 

cause for Want of Jurisciiction. 

Respectftjlly submitted, 

OFFICE OF DISTRICT ATTORNEY 

3 3^ and 424* JUDICIAL DISTRICTS 

Wiley B. McAfee, District Attorney 

P. O. Box 725 

Llano, Texas 78643 

Telephone Telecopier 

(325) 247-5755 (325) 247-5274 

g.bunyard@co.llano.tx.us 

Assistant District Attorney 

State Bar No. 03353500 

ATTORNEY FOR APPELLEE 

Page 2 of 3 
C ERTIFICAT E O F COMPLIANC E 

This is to certify 

printed in Times New Roman 

tool. 

tiiat This is to certify 

with this proof of servicb 

of April 2015, to Michael 

Transfer Facility, 295 IF 

Nathan Kight, 1008 N. 

that the pertinent portion of this brief contains 217 words 

14 font according to the WordPerfect^^ X6 word count 

CERTIFICAT E O F SERVIC E 

a true copy of the above and foregoing instrument, together 

hereof, has been forwarded by standard mail on the 10th day 

Jude Pirie, hmiate #01982650, Reverend C.A. HoUiday 

-45 North, Huntsville, TX 77320, Appellant Pro Se and to Mr. 

iVater, Burnet, TX 78611. 

GarfWr^unyarcC^ 

Assistant District Attorney 

Page 3 of 3 
ATTACHMENT 1 

i 
THE STATE OF TEXAS 

V. 

FELONY ADMONITIONS TO THE DEFENDANT 

Count .(Habitual 

CAUSE NO. IN THE DISTRICT COURT OF 

BURNET COUNTY, TEXAS 

424*'* JUDICIAL DISTRICT 

1. The range of punispment attached to this offense(s) as enhanced, if any, is (check one): 

Count (Capital Felony - death penalty waived) confinement in tfie Institutional Division 

of the Texas Department of Criminal Justice for life. 

Offender) confinement in the Institutional Division of the Texas 

Departmen of Criminal Justice for life or a term of not more than 99 years or less 

than 25 years. 

Count (First Degree Felony + Repeat Offender) confinement in the Institutional Division 

of the Texas Department of Criminal Justice for life or a term of not more than 99 

years or less than 15 years; in addition, a fine not to exceed $10,000 may be imposed. 

Count ^(First Degree Felony) confinement in the Institutional Division of the Texas 

Department of Criminal Justice for life or a term of not more than 99 years or less 

than 5 year^; in addition, a fine not to exceed $ 10,000 may be imposed. 

Count (Second D<!gree Felony) confinement in the Institutional Division of the Texas 

Department of Criminal Justice for a term of not more than 20 years or less than 2 

years; in addition, a fine not to exceed $ 10,000 may be imposed. 

Count f/^TMrd Dej»ree Felony) confinement in the Institutional Division of the Texas Department years; in addition, a fine not to exceed $10,000 may be imposed. If the offense was 

committed before 9/1/94, the punishment may include an altotiative confinement of 

up to one y(!ar in a community correctional facility. 

Count .(State JaU Felony) confinement in state jail for a term of not more than 2 years or 

less than I SO days; in addition, a fine not to exceed $10,000.00 may be imposed. 

Count (12.44 Agriiement) For an offense committed after 8/31/95, if the offense is punished 

under Secti3n 12.44(a) of the Texas Penal Code, the range of punishment is not more 

than I year 

Count 

for a term of 

of Criminal Justice for a term of not more than 10 years or less than 2 

in the county jail and/or a fine of $4000.00. 

(Special piinisiiment range) confinement in 

and/or a fine of 

i 
2. The recommendation 

Court will inquire as to the s 

in open Court before any 

Should the Court reject a pi 

guilty or no contest. If 

plea following sentencing. 

til ere 

3. If the punishmeni 

prosecuting attorney and 

must give its permission 

matter in the case, except 

trial 

4. If the defendant is 

of the prosecuting attorney, if any, is not binding on the Court. The 

existence of a plea agreement and, if any exists, inform the defendant 

finding on the plea whether the Court will follow such agreement, 

ea agreement, the defendant will be permitted to withdraw the plea of 

is no plea agreement, the defendant has no right to withdraw the 

assessed does not exceed the pimishment recommended by the 

agreed to by the defendant and the defense attorney, the trial Court 

to the defendant before the defendant may pursue an appeal on any 

br those matters raised by written motions filed and ruled upon before 

not a citizen of the United States of America, a plea of guilty or nolo 

contendere for the offensd(s) charged may result in deportation, the exclusion from admission to 

this country, or the denial of naturalization under federal law. 

5, If the defendant Hi 

which a person is subject 

registration requirements 

supplemental sex offendei 

6. If the Defendant 

community supervision, 

a hearing limited to the 

guilty on the original 

adjudication of guilt, all 

sentence, granting of conjmunity 

the adjudication of guihy 

convicted of or placed on deferred adjudication for an offense for 

to sex offender registration, the defendant will be required to meet the 

of Chapter 62 of the Code of Criminal Procedure, See attached 

registration admonition. 

s placed on deferred adjudication, upon violation of a condition of 

defendant may be arrested and detained. The defendant is entitled to 

determination by the judge whether to proceed with an adjudication of 

No appeal may be taken fi"om this determination. After an 

proceedings, including assessment of punishment, pronouncement of 

supervision (probation), and defendant's appeal continue as if 

lad not been deferred. 

the 

The defendant 

consequences of the plea. 

Understands the admonitions given above and is aware of the 

DEF^DANT " / 

> 

2 
THE STATE OF TEXAS 

V, 

FELOm 

I. McA,c/ 

CAUSE NO. 

IN THE DISTRICT COURT OF 

BURNET COUNTY, TEXAS 

424*" JUDICIAL DISTRICT 

WAIVERS. CONFESSION, AND AGREEMENT 

, the Defendant herein, make the following waivers as 

to each count of the indiqtment or information not waived/abandoned by the State of Texas as 

indicated by his initials: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

If the Grard Jury has not returned an indictment, I waive the right to be accused 

l)y indictment and 1 igree to proceed by way of information. 

waiv right to service of a copy of the indictment or information and the time e the 

allowed by law to file motions and pleadings thereon and to prepare for trial. 

I waive the 

iimocence phase aijd a speedy trial, 

waive the appearance of and confirontation and cross-examination of the State's 

witnesses, the pri\^ilege against self-incrimination (as to guilt and punishment), and the 

right against doubl 3 jeopardy. 

I waive the 

pursuant to Article 

to any claim I had 

9. 

10. 

wai 

waive my 

right to a trial, including the right to a trial by jury during the guilt 

reading of the indictment or information. 

I waive anq abandon all motions, pleadings and objections made before the entry 

of my plea. 

consent b an oral stipulation of the evidence and testimony and to the 

introduction of tesiimony by affidavits, written statements of the witnesses and any other 

documentary evidence. 

I waive my right to file a post-conviction application for writ of habeas corpus 11.072 of the Texas Code of Criminal Procedure. This waiver applies 

cnowledge of or any claim that I could have discovered by the exercise 

of due diligence w th the assistance of my attorney. This waiver also applies to any facts, 

the legal significance of which I should have been able to comprehend and develop on 

the record had I ch!)sen to do so. 

right to a motion for new trial. 

I waive any appeal that I could make or pursue in this cause. 

3 
A plea agreement exists in this cause as follows (and the State agrees to recommend): 

If community supervision (probation) in any form is recommended, I understand that the 

Court has the discretion to impose any reasonable condition of supervision, including 

confinement in various faciilities, treatment, and restitution without violating the plea agreement, 

if any, unless the plea agreement expressly limits or prohibits such a condition. 

appointed by the Court, I acknowledge that I have the ability to 

court-appointed attomey fees assessed, either in fiill or by periodic 

If my attomey is 

reimburse the county for 

partial paym«its, upon reluase on community supervision or upon release fi-om incarceration. 

committing the olirenfie(s) of 

the offense(s) charged in 

I, 

ofrense(s). 

I, 

pay all fines, fees, and 

J, the Defendant herein, JUDICIALLY CONFESS to 

and 

exactly as charged in the indictment or information and to any lesser included offenses of 

the indictment or information. 

, the Defendant herein, agree to plead GUILTY to the 

above specified offense($), TRUE to all enhancements and special issues, if any, as charged 

in the indictment or information. By my signature below, I judicially confess to the above 

stitution 

the Defendant herein, agree that I have the ability to 

^ s^ as a condition of my probation. 

Sworn and subscribed to before me on the 

DI^FMSJD^' S AtrORNE Y 

\{^ ^ day of J^bnWy_, 24>/s' 

Clerk of the Court 
The State consents to and approves the foregoing. 

ATTORNEY FOR THE STATE 

The Court consents to 

introduction of es^ 

JUDGE PRESIDING 

approves the foregoing waivers and consent to stipulation and 

5 
ATTACHMENT 2 
THE STATE 

VI 

Is not a plea-bargain 

CAUSE NO. 

OF TEXAS IN THE 424T H JUDICIAL 

DISTRICT COURT OF 

BURNET COUNTY, TEXAS 

TRIAL COURT'fil CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL 

I, Judge of tlie trial court, certify this criminal case: 

case, and the defendant has the right to appeal, [or ] 

Is a plea-bargain cas<!, 

and not withdrawn or 

Is a plea-bargain casit 

the right of appeal. [( i3r 

^^^x Is a plea-bargain case 

^^/^ e defendant has wj lived the 

the defendant could have applies to any facts 

record had he chosi 

iveredby 

, but matters were raised by written motion filed and ruled on before trial waived, and the defendant has the right of appeal, [or] 

, but the trial court has given permission to appeal and the defendant has 

] 

, and the defendant has NO right of appeal, [or] 

right of appeal. 

The defendant in this styled and numbered case, after consulting with his attorney, waives his right to file a post-conviction applicatio; 1 for writ of habeas corpus pursuant to Article 11.07 and Article 11.072 of the 

Texas Code of Criminal Procedure. Thi^ waiver will apply to any claim the Defendant had knowledge of or any claim 

exercising due diligence with the assistance of counsel The waiver also 

i have been able to comprehend the legal significance of and develop on the 

Date Signed 

I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this 

criminal case, including any right to file pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have be an admonished that my attomey must mail a copy of the court of appeals judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionaiy review in the Court of Crir linal Appeals. TEX. R. APP. P. 68.2 I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it s my duty to inform my appellate attomey, by written communication, of 

any change in the address at which I am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, if I fiail tc timely inform my appellate attomey of any change in my address, I may lose the opportunity tq^le pro se petitio|n |of discretionary t^r^. ^ 

Defeindant's Coun^el^ 

Mailing address 

Telephone number & Fax number 

'"A defendant in a criminal case has the right of appet 1 

case in which it enters a jud^oent of guilt or other ap( lealalrie order, contendere and the punishment did not exceed the punishment only: (A) those matters that were raised by written m<itioa TEXAS RULE OF APPELLATE PROCEDURE as.2(A)(a) 

Texas Rule of Apellate Procedure 25.2 (h)Effective 9j 2009 & TRAP 25.2(a)(a) Revised 9/30/2011 

State Bar of Texas ID Number 

Mailing Address 

Telephone number & Fax number 

under these rules. The trial court shall enter a certificate of the defendant's right to appeal in every ' , In a plea bargain case- that is, a case in which a defendant's plea was guilty or nolo recommended by the prosecutor and agreed to by the defendant - a defendant may appeal filed and ruled on before trial, or (B) after getting the trial court's permission to appeal."