Opinion
07-23-00354-CR
11-17-2023
JEFFERY SCOTT GILSETH, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish.
On Appeal from the 426th District Court Bell County, Texas Trial Court No. 80426, Honorable Steven J. Duskie, Presiding
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
MEMORANDUM OPINION
PER CURIAM
This appeal was transferred to the Seventh Court of Appeals from the Third Court of Appeals. Consequently, we are bound by the latter's precedent should it conflict with ours. TEX. R. APP. P. 41.1.
Jeffrey Scott Gilseth appealed his conviction for interfering with child custody. However, the trial court's "certificate of defendant's right to appeal," stated appellant "has waived the right of appeal." Comparing that certification to the clerk's record, we found nothing indicating it to be defective. See Hale v. State, No. 03-12-00348-CR, 2013 Tex.App. LEXIS 1033, at *4 (Tex. App.-Austin Jan. 31, 2013, no pet.) (per curiam) (mem. op., not designated for publication) (stating that an appellate court is required to examine a certification for defectiveness and noting that it is defective if correct in form but inaccurate when compared to the record). Indeed, an entry on the "Judge's Docket Sheet" dated August 28, 2023, confirms appellant waived the right. See Ex Parte Rodriguez, 466 S.W.3d 846, 853 (Tex. Crim. App. 2015) (relying on an entry in the trial court's docket sheet to support the conclusion that defects in service were waived); Robertson v. Texas DOT, No. 03-00-00167-CV, 2000 Tex.App. LEXIS 5824, at *3 (Tex. App.-Austin Aug. 31, 2000, no pet.) (relying on a notation in the docket sheet to confirm that the parties waived the making of the reporter's record).
An appeal must be dismissed if a certification showing the appellant has a right of appeal is not part of the record. TEX. R. APP. P. 25.2(d). We notified appellant, in writing, that the certification of record states he waived his right to appeal. We also directed him to demonstrate whether this was inaccurate. The deadline to respond was November 2, 2023. That deadline lapsed without appellant replying. Lacking a certification showing that appellant has a right to appeal his conviction, we dismiss the appeal per Texas Rule of Appellate Procedure 25.2(d).