Joe Sebastian Thomas v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00300-CR
JOE SEBASTIAN THOMAS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court
Navarro County, Texas
Trial Court No. 74390
MEMORANDUM OPINION
Joe Sebastian Thomas pled guilty to the offense of Assault/Bodily Injury/Family
Violence. Because the trial court's certificate of right of appeal that Thomas signed
indicates Thomas has no right to appeal and has waived his right to appeal, this appeal
must be dismissed. See TEX. R. APP. P. 25.2(d) ("The appeal must be dismissed if a
certification that shows the defendant has the right of appeal has not been made part of
the record under these rules."); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006)
(plea bargain); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of
appeal).
Notwithstanding that this appeal must be dismissed, Thomas may file a motion
for rehearing with this Court within 15 days after this opinion and judgment are rendered
if Thomas believes this opinion and judgment are erroneously based on inaccurate
information or documents. See TEX. R. APP. P. 49.1. Moreover, if Thomas desires to have
the opinion and judgment of this Court reviewed by filing a petition for discretionary
review, that petition must be filed with the Court of Criminal Appeals within 30 days
after either the day this Court's judgment is rendered or the day the last timely motion
for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 26, 2018
Do not publish
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