Opinion
NO. 12-17-00273-CR
10-25-2017
JOHNNY RAY PERRY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 369TH JUDICIAL DISTRICT COURT CHEROKEE COUNTY , TEXAS MEMORANDUM OPINION
A jury convicted Johnny Ray Perry of possession of a controlled substance. The trial court sentenced Appellant to imprisonment for seven years. Appellant filed a notice of appeal.
The clerk's record has been filed. See TEX. R. APP. P. 25.2(d). The record contains the trial court's certification, which states that Appellant has waived the right to appeal. The certification was signed by Appellant and his counsel. See id . The clerk's record does not otherwise indicate the trial court gave Appellant permission to appeal. See TEX. R. APP. P. 25.2(a)(2). Moreover, at a hearing, Appellant confirmed his desire to waive the right to appeal.
Based on our review of the record, the trial court's certification appears to accurately state that Appellant does not have the right to appeal. See Dears v . State , 154 S.W.3d 610 (Tex. Crim. App. 2005). 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." TEX. R. APP. P. 25.2(d). Accordingly, we dismiss the appeal. Opinion delivered October 25, 2017.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(DO NOT PUBLISH)
COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
Appeal from the 369th District Court of Cherokee County, Texas (Tr.Ct.No. 19,803)
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.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.