Opinion filed May 6, 2021

In The

Eleventh Court of Appeals ___________

No. 11-21-00065-CR

___________

APRIL MARIE MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 70th District Court

Ector County, Texas

Trial Court Cause No. A-20-1211-CR

M E M O R A N D U M O P I N I O N

Appellant, April Marie Martinez, entered into a plea of true to the allegations 

in the State’s motion to adjudicate. The trial court adjudicated Appellant guilty of 

the state jail felony offense of possession of a controlled substance and assessed 

Appellant’s punishment at confinement for twenty-four months in a state jail facility 

and a fine of $550. Appellant then waived her right of appeal. We dismiss the 

appeal. 
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This court notified Appellant by letter that the trial court had certified that

Appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d). We requested 

that Appellant respond and show grounds to continue the appeal. Appellant has filed 

a response but has not shown grounds upon which this appeal may be continued. 

We note at the outset that, contrary to the trial court’s certification of 

Appellant’s right of appeal, this appeal does not involve a true plea-bargain situation, 

i.e., a negotiated punishment in exchange for a plea of “guilty.” See TEX. R. APP. P. 

25.2(a)(2); see also Hargesheimer v. State, 182 S.W.3d 906, 911 (Tex. Crim. App. 

2006) (holding that Rule 25.2(a)(2) extends only to appeals from the initial plea of 

guilty in exchange for deferred adjudication, not to appeals from the proceeding on 

the motion to adjudicate guilt). Rather, this is an appeal from a judgment 

adjudicating guilt after a plea of true to the allegations in the State’s motion to 

adjudicate. To the extent that Appellant is attempting to appeal the original order 

deferring the adjudication of her guilt and any related plea bargain, she is prevented 

from doing so in this appeal. See Hargesheimer, 182 S.W.3d at 912.

The trial court also certified that Appellant waived her right of appeal. See

TEX. R. APP. P. 25.2(d). In conjunction with the adjudication of her guilt on April 8, 

2021, Appellant signed a “Waiver of Right of Appeal – Revocation of Probation” in 

which she acknowledged that both her attorney and the trial court had fully informed 

her of her right to appeal and her right to have an attorney appointed to represent her 

on appeal. Appellant’s waiver specifically provided: 

I, the Defendant . . . having had my probationary sentence 

revoked and sentence pronounced, 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 

revocation . . . . 

With full knowledge and understanding of the above, I hereby, 

in Open Court, state that I do not desire to appeal and expressly waive 
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my right of appeal and I hereby accept as final the Order revoking 

probation herein. 

The waiver was signed by Appellant, her attorney, and the trial judge. 

The documents on file in this appeal therefore show that Appellant waived her 

right of appeal and that she was fully aware of the likely consequences at the time 

she did so. See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000). Texas 

has “long held that a valid waiver of appeal prevents a defendant from appealing 

without the trial court’s consent.” Monreal v. State, 99 S.W.3d 615, 617 (Tex. Crim.

App. 2003). A waiver of the right to appeal is valid if it was made voluntarily, 

knowingly, and intelligently. Id. In Monreal, the court reaffirmed that “a valid 

waiver of appeal, whether negotiated or non-negotiated, will prevent a defendant 

from appealing without the consent of the trial court.” Id. at 622. We note that the 

trial court has not consented to this appeal. Accordingly, we dismiss this appeal 

without further action. See id. at 622–23; see also TEX. R. APP. P. 25.2(d). 

This appeal is dismissed. 

PER CURIAM

May 6, 2021

Do not publish. See TEX. R. APP. P. 47.2(b). 

Panel consists of: Bailey, C.J., 

Trotter, J., and Williams, J.