Thoms v. State, 06-22-00136-CR

CourtCourt of Appeals of Texas
Writing for the CourtSCOTT E. STEVENS JUSTICE
PartiesALYSSA HALEY THOMS, Appellant v. THE STATE OF TEXAS, Appellee
Docket Number06-22-00136-CR
Decision Date22 November 2022

ALYSSA HALEY THOMS, Appellant
v.

THE STATE OF TEXAS, Appellee

No. 06-22-00136-CR

Court of Appeals of Texas, Sixth District, Texarkana

November 22, 2022


Do Not Publish

Date Submitted: November 21, 2022

On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 29388

Before Morriss, C.J., Stevens and van Cleef, JJ.

1

MEMORANDUM OPINION

SCOTT E. STEVENS JUSTICE

Alyssa Haley Thoms pled guilty to the offense of possession of a controlled substance,[1] and the trial court placed her on three years' deferred adjudication community supervision. On September 20, 2022, the trial court revoked Thoms's deferred adjudication community supervision, adjudicated her guilty of possession of a controlled substance, and sentenced her to fourteen months' incarceration. On the day of her sentencing, Thoms waived her right of appeal when she signed a document titled Waiver of Rights to Appeal Community Supervision Revocation. That document states,

I, ALYSSA HALEY THOMS, Defendant in the above-entitled and numbered cause, having been convicted of the offense of POSS CS PG 2 < 1G and sentenced therein, 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 conviction to the Court and by my attorney, and I know, that I have the legal right of appeal from this conviction to the Court of Appeals of Texas and also the right to be represented on appeal by an attorney of my own choice, or if I am too poor to pay for such an attorney or the record on appeal, the Court will, without expense to me, provide me with such an attorney and a proper record for such an appeal
With full understanding of the above, 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 sentence herein and I request that I be allowed to commence serving the same without further delay, and I also in open court expressly waive the filing of a Motion for New Trial as well as any Motion in Arrest of Judgment

The waiver of right to appeal was also signed by Thoms's attorney and by the district clerk of Lamar County.

2

Even though Thoms waived her right of appeal, she nevertheless, acting pro se, filed a notice of appeal. "A court of appeals lacks jurisdiction over and must dismiss an appeal when the defendant...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT