Hodgson v. State

Full title: ROBERT MAYNARD HODGSON III, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court: Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jul 31, 2024

No. 12-24-00183-CR (Tex. App. Jul. 31, 2024)

Opinion

12-24-00183-CR

07-31-2024

ROBERT MAYNARD HODGSON III, APPELLANT v. THE STATE OF TEXAS, APPELLEE

PER CURIAM

DO NOT PUBLISH

Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 114-1537-22)

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

MEMORANDUM OPINION

PER CURIAM

Robert Maynard Hodgson, III pleaded "guilty" to theft of cargo. In accordance with an agreed punishment recommendation, the trial court sentenced Appellant to fifty 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, and that Appellant waived the right of appeal. The certification is signed by Appellant and his counsel. See Tex. R. App. P. 25.2(d). The record also contains a written waiver of appeal signed by Appellant and his counsel. The record does not otherwise indicate that the trial court gave Appellant permission to 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, Appellant has no right to appeal, and Appellant waived the right of 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, 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.