In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02-19-00062-CR

___________________________

On Appeal from the 372nd District Court

Tarrant County, Texas

Trial Court No. 1548281D

Before Sudderth, C.J.; Gabriel and Womack, JJ.

Memorandum Opinion by Justice Womack

CHARLES LEE MCLAURIN, Appellant

V.

THE STATE OF TEXAS
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MEMORANDUM OPINION

By indictment, Appellant Charles Lee McLaurin was charged with violation of a 

protective order by assault and was alleged to be a repeat offender. After being duly 

admonished, McLaurin signed a judicial confession pleading guilty to the charged 

offense and true to the enhancement paragraph of the indictment. The trial court 

deferred McLaurin’s adjudication pursuant to a plea bargain and placed him on 

community supervision. McLaurin and his attorney signed the trial court’s 

certification of defendant’s right to appeal, which specified that McLaurin had no 

right of appeal due to a plea bargain and had waived the right of appeal. 

The State thereafter petitioned the trial court to proceed to adjudication of 

McLaurin’s guilt on the original charge. On January 23, 2019, McLaurin was duly 

admonished and signed a judicial confession. The trial court adjudicated McLaurin 

guilty and sentenced him to five years’ confinement. After being convicted and 

sentenced, McLaurin and his attorney signed a “Waiver of Rights to Appeal 

Community Supervision Revocation.” In his waiver, McLaurin stated that he knows 

he has a right to appeal from his conviction, a right to a free record, and a right to be 

represented by counsel on appeal at no cost if he is indigent. Understanding this, 

McLaurin then stated, “I hereby in open court state that I do not desire to appeal and 

expressly waive any appeal in this case, and I hereby accept as final the judgment of 

conviction and the sentence herein[.]” The trial court’s certification of defendant’s 

right of appeal specifies that McLaurin has waived the right of appeal. 
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McLaurin now attempts to appeal his conviction in this case. On February 21, 

2019, we notified the parties that the appeal may be dismissed based on the trial 

court’s certification unless McLaurin or any party filed a response on or before March 

4, 2019, showing grounds for continuing the appeal. McLaurin filed a response on 

March 6, 2019, but it does not present grounds for continuing the appeal. 

A defendant may waive his right to appeal if the defendant executes a waiver of 

appeal voluntarily, knowingly, and intelligently. Ex parte Broadway, 301 S.W.3d 694, 

697 (Tex. Crim. App. 2009) (citing Monreal v. State, 99 S.W.3d 615, 617 (Tex. Crim. 

App. 2003)); see also Tex. Code Crim. Proc. Ann. art. 1.14(a) (providing that a 

defendant in a noncapital case may waive any rights secured him by law). Postsentencing waivers of the right to appeal are valid because the defendant knows the 

consequences of the waiver. See Ex parte Delaney, 207 S.W.3d 794, 797–98 (Tex. Crim. 

App. 2006); see also Carson v. State, 559 S.W.3d 489, 494–95 (Tex. Crim. App. 2018) 

(stating requirements of finding either a negotiated bargain between the State and the 

defendant or knowledge of the consequences in determining whether a waiver is 

knowingly and intelligently made); Eslick v. State, No. 02-11-00344-CR, 2011 WL 

5248082, at *1 (Tex. App.—Fort Worth Nov. 3, 2011, no pet.) (mem. op., not 

designated for publication). Because the record reflects that McLaurin waived his 

right to appeal in writing after sentencing and therefore knew the consequences of his 

waiver, the waiver of appeal is valid. McAdoo v. State, Nos. 02-15-00157-CR, 02-15-

00158-CR, 2015 WL 3799079, at *1 (Tex. App.—Fort Worth June 8, 2015, no pet.) 
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(mem. op., not designated for publication). In accordance with McLaurin’s signed 

waivers and the trial court’s certifications, we dismiss the appeal. See Tex. R. App. P. 

25.2(d), 43.2(f); see McAdoo, 2015 WL 3799079, at *1.

/s/ Dana Womack

Dana Womack

Justice

Do Not Publish

Tex. R. App. P. 47.2(b)

Delivered: May 16, 2019