Tyus Anson Dudley v. State ( 2017 )


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  •                                  NOS. 12-17-00257-CR
    12-17-00258-CR
    12-17-00259-CR
    12-17-00260-CR
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    TYUS ANSON DUDLEY,                              §      APPEALS FROM THE 241ST
    APPELLANT
    V.                                              §      JUDICIAL DISTRICT COURT
    THE STATE OF TEXAS,
    APPELLEE                                        §      SMITH COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    Pursuant to plea bargain agreements, Tyus Anson Dudley pleaded guilty to possession of
    a controlled substance, two charges of tampering with or fabricating physical evidence, and
    manufacture and delivery of a controlled substance. In accordance with the plea agreements, the
    trial court sentenced Appellant to imprisonment for ten years on the possession charge and
    twenty-five years each for the remaining three offenses, to run concurrently. Appellant filed
    notices of appeal.
    The clerk’s record has been filed in all four cases. See TEX. R. APP. P. 25.2(d). In cause
    number 12-17-00257-CR, the record contains the trial court’s certification, which states that this
    “is a plea-bargain case, and the Defendant has NO right of appeal.” The certification further
    states that Appellant waived the right to appeal. The certification was signed by Appellant’s
    counsel, but not Appellant. See 
    id. However, the
    clerk’s record also contains a waiver of appeal
    signed by Appellant. In cause numbers 12-17-00258-CR, 12-17-00259-CR, and 12-17-00260-
    CR, the records contain certifications that do not indicate whether or not Appellant has the right
    to appeal. Nevertheless, the records each contain a waiver of the right to appeal signed by
    Appellant and his counsel. Additionally, all four records contain a document entitled “Advice of
    Defendant’s Right to Appeal,” which state, “If you waived or gave up your right to appeal, you
    cannot appeal your conviction.”             Appellant signed each document, acknowledging that he
    understood it.      None of the four records otherwise indicate the trial court gave Appellant
    permission to appeal. See TEX. R. APP. P. 25.2(a)(2).
    “[A] valid waiver of appeal, whether negotiated or non-negotiated, will prevent a
    defendant from appealing without the consent of the trial court.” Monreal v. State, 
    99 S.W.3d 615
    , 622 (Tex. Crim. App. 2003). If the right to appeal has been effectively waived, the notice
    of appeal gives the appellate court no jurisdiction and the appeal is to be dismissed. Cox v.
    State, No. 12-11-00297-CR, 
    2012 WL 2501031
    , at *3 (Tex. App.—Tyler June 29, 2012, no pet.)
    (mem. op., not designated for publication). 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 appeals.
    Opinion delivered October 31, 2017.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    (DO NOT PUBLISH)
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    OCTOBER 31, 2017
    NO. 12-17-00257-CR
    TYUS ANSON DUDLEY,
    Appellant
    V.
    THE STATE OF TEXAS,
    Appellee
    Appeal from the 241st District Court
    of Smith County, Texas (Tr.Ct.No. 241-0412-17)
    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.
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    OCTOBER 31, 2017
    NO. 12-17-00258-CR
    TYUS ANSON DUDLEY,
    Appellant
    V.
    THE STATE OF TEXAS,
    Appellee
    Appeal from the 241st District Court
    of Smith County, Texas (Tr.Ct.No. 241-0413-17)
    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.
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    OCTOBER 31, 2017
    NO. 12-17-00259-CR
    TYUS ANSON DUDLEY,
    Appellant
    V.
    THE STATE OF TEXAS,
    Appellee
    Appeal from the 241st District Court
    of Smith County, Texas (Tr.Ct.No. 241-08652-17)
    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.
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    OCTOBER 31, 2017
    NO. 12-17-00260-CR
    TYUS ANSON DUDLEY,
    Appellant
    V.
    THE STATE OF TEXAS,
    Appellee
    Appeal from the 241st District Court
    of Smith County, Texas (Tr.Ct.No. 241-0866-17)
    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.
    

Document Info

Docket Number: 12-17-00257-CR

Filed Date: 10/31/2017

Precedential Status: Precedential

Modified Date: 11/4/2017