### NU M B ER 13 - 14 - 0 0 297 - CR 

## CO U RT O F A P P E A LS
THIRT E EN T H D IS T RICT O F T E X A S
CO R P U S C H RISTI
- EDI NB URG

A L E J A N DR O B A R R I E NT E S , A p p e ll a n t ,

v.
TH E S T A

T E OF T E X A S, A p p e ll e e .

On a pp eal f r o m t h e 107th D i s t ri c t C ou r t o f C ame r o n Coun t y , T exas.



## OR D ER
Bef o re J u stice s Benavides, P er k es and L o n g o ria

O rder P er C uri a m
A ppe l la n t, A l e ja n d ro B a r r ie n t e s , h a s f i l e d a n o tice o f ap p ea l w ith t h is Co u rt f r o m
h is c on v iction in tr i a l c ou rt c au se n u mbe r 2 0 13

- DCR

- 657

- A

. T h e tr i a l c ou rt's c e rt i f i c a ti o n

o f t h e d e f e n d a n t's r ig h t to a pp e a l s ho w s t ha t t h e de f e n d an t d o e s n o t ha v e t h e r ig h t t o
ap p ea l. S e e T E X

. R. A PP

. P

. 2 5

. 2 (a) ( 2 ).2

On M a y 2 7 , 20 1 4 , w e o rd e red a ppe l la n t's c o un s e l, the Hon. La r r y W a r n e r, t o ,

w it h in t h i r ty da y s , re v i e w t h e rec o rd an d a d v ise t h is Co u rt a s to w he t he r a pp e l l an t ha s a

r ig h t to ap p ea l. S e e T E X . R. APP

. P

. 4 4

. 3 , 4 4

. 4

. Following an abatement hearing, appellant’s counsel has filed a response recommending that we determine that appellant’s waiver of the right to appeal was ineffective because it was not supported by consideration. The State has not filed a response to the
recommendatio n. Accordingly, this case is hereby REINSTATED.

A defendant’s waiver of the right to appeal is only valid if it is made voluntarily, knowingly, and intelligently. Ex parte Broadway , 301 S.W.3d 694, 697 (Tex. Crim. App. 2009). In Ex parte Delaney , the Texas Court of Criminal Appeals concluded that a defendant who ple a d ed guilty without an agreed recommended sentence , waived his right to appeal, and waived his right to a jury trial , did not voluntarily, knowingly, and intelligently wave his right to appeal because the consequences of the waiver could not be known with certainty. 207 S.W.3d 794, 799 (Tex. Crim. App. 2006). In this case, appellant ple a d ed guilty without an agreed recommended sentence, waived his right to appeal, and waived his right to a jury trial . Furthermore, appellant’s
waiver was not the result of a bargain for which appellant received consideration. See Ex parte Broadway , 301 S.W.3d at 697

– 98 (upholding the waiver of the right of appeal b ecause the defendant received consideration in return for the waiver : the State agreed to accept his waiver of the right to a jury trial so that the trial judge would have the option to consider sentencing the defendant to deferred

- adjudication community supervision with drug treatment). Because appellant waived his right to appeal when the consequences of the waiver co uld not be known with certainty and appellant received no consideration as a result of the waiver, we conclude that the3

waiver was ineffective and appellant has the right to appeal. See Ex parte Delaney , 207 S.W.3d at 799. Appellant’s brief is due thirty day s from the date of this order.

PER C U RIAM
Do no t p u b l i s h

. T E X

. R. A PP

. P

. 47

. 2 ( b ).
D e l i v e red an d f i le d t h e 12 th d a y o f December , 2014

.