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Click here for the full text of this decision FACTS:Joshua Wayne Delaney was indicted for aggravated robbery. He entered a plea of guilty to the allegation, signed a stipulation of evidence swearing that all elements alleged in the indictment were true and was admonished by the court of the consequences of his plea. In addition, Delaney signed and executed a voluntary waiver of his right to appeal. Applicant was placed on deferred-adjudication community supervision for 10 years. After he violated the terms of community supervision, Delaney’s probation was revoked, and he was sentenced to life imprisonment and fined $10,000. Delaney sought the trial court’s permission to appeal his sentence, but was denied. He filed an application for a writ of habeas corpus, claiming that he was denied the right of appeal. The court revoked his community supervision and proceeded to final adjudication of guilt. Finding Delaney guilty, the court assessed punishment at confinement for life and a fine of $10,000. Delaney sought the trial court’s permission to appeal his sentence but was denied. He filed an application for a writ of habeas corpus claiming that he was denied the right of appeal. The Court of Criminal Appeals (CCA) filed and set the case to consider whether a waiver of the right of appeal prevents appeals from the sentencing phase of trial when Delaney signed the waiver before final adjudication and sentencing, the waiver is not bargained for, and punishment is uncertain when the waiver is signed but the range of punishment for the offense is known. HOLDING:The CCA held that Delaney was improperly denied the right to appeal his sentence. When Delaney waived his right of appeal at the time he agreed to deferred adjudication, the CCA stated that Delaney did not know what errors might occur at the sentencing phase of trial or what punishment would be assessed if guilt was adjudicated. To remove the confusion that has arisen related to pretrial waivers of appeal, the CCA held that, in order for a pretrial or presentencing waiver of the right to appeal to be binding at the punishment phase of trial, the waiver must be voluntary, knowing and intelligent. One way to indicate that the waiver was knowing and intelligent is for the actual punishment or maximum punishment to have been determined by a plea agreement when the waiver was made, the CCA stated. Therefore, the CCA held that Delaney’s waiver was not knowing and intelligent and did not bar him from appealing from the punishment phase of trial. The CCA granted relief and the trial court was instructed to certify Delaney’s right to appeal issues related to his sentence. OPINION:Meyers, J., delivered the opinion of the court, in which Price, Johnson, Keasler, Hervey, Holcomb and Cochran, J.J., joined. CONCURRENCE:Keller, P.J., and Womack, J., concurred without an opinion.

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