Opinion
12-23-00135-CR
06-30-2023
DAVID KENT FITCH, APPELLANT v. THE STATE OF TEXAS, APPELLEE
(DO NOT PUBLISH)
Appeal from the 475th District Court of Smith County, Texas (Tr.Ct.No. 475-0038-23)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
Pursuant to a plea bargain agreement, David Kent Fitch pleaded "guilty" to evading arrest or detention with a vehicle, charged as a habitual offense. In accordance with the agreed punishment recommendation, the trial court sentenced Appellant to fifty-five years in prison. Appellant appealed.
The clerk's record has been filed and the trial court's certification states that this is a plea bargain case, and the defendant has no right of appeal. The certification is signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). Appellant also signed a waiver of appeal.
When the defendant is the appellant, the record must include the trial court's certification of the defendant's right of appeal. Id. This Court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Id. Based on our review of the record, the trial court's certification appears to accurately state that this is a plea bargain case and Appellant has no right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review record to determine whether trial court's certification is accurate). Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal.
JUDGMENT
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.