James Brent Beckham v. the State of Texas ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00157-CR
JAMES BRENT BECKHAM,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 443rd District Court
Ellis County, Texas
Trial Court No. 45577CR
MEMORANDUM OPINION
James Brent Beckham appeals from the judgment adjudicating his guilt for the
second-degree felony offense of possession of a controlled substance, group one, in an
amount of four grams or more but less than 200 grams. See TEX. HEALTH & SAFETY CODE
ANN. § 481.115(d). The trial court’s certification of his right of appeal, which Beckham
and his counsel signed, indicates that Beckham has waived his right of appeal.
Accordingly, 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.”); Monreal v. State, 99 S.W.3d 615,
622 (Tex. Crim. App. 2003).
Notwithstanding that we are dismissing this appeal, Beckham may file a motion
for rehearing with this Court within 15 days after this opinion and judgment are
rendered if he believes this opinion and judgment are erroneously based on inaccurate
information or documents. See TEX. R. APP. P. 49.1. Moreover, if Beckham 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 id. R. 68.2(a).
For the reasons stated, this appeal is dismissed.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Smith, and
Justice Johnson
Appeal dismissed
Opinion delivered and filed June 14, 2023
Do not publish
[CR25]
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