Narrative Opinion Summary
Douglas L. Byrd pled nolo contendere to burglary of a habitation with intent to commit assault under a plea bargain, which included a waiver of his right to appeal. The trial court certified that this was a plea-bargain case, confirming that Byrd had no right to appeal, as per TEX. R. APP. P. 25.2(a)(2). Despite filing a notice of appeal, the appellate court reviewed the clerk’s record and found the certification accurate, reaffirming that an appeal must be dismissed if no certification indicating a right to appeal is part of the record. On May 4, 2010, Byrd was notified that his appeal would be dismissed unless an amended certification granting him the right to appeal was submitted by June 3, 2010. No such amended certification was filed, leading the court to dismiss the appeal. The decision is designated as not for publication.
Legal Issues Addressed
Certification Requirement for Appealsubscribe to see similar legal issues
Application: The trial court certified that this was a plea-bargain case, confirming that Byrd had no right to appeal as per procedural rules. The appellate court found the certification to be accurate, thereby dismissing the appeal.
Reasoning: The trial court certified that this was a plea-bargain case, confirming that Byrd had no right to appeal, as per TEX. R. APP. P. 25.2(a)(2).
Designated Non-Publication of Decisionsubscribe to see similar legal issues
Application: The decision in this case was designated as not for publication, meaning it is not intended to be cited as precedent.
Reasoning: The decision is designated as not for publication.
Dismissal of Appeal Without Right to Appeal Certificationsubscribe to see similar legal issues
Application: The appellate court notified Byrd that his appeal would be dismissed unless an amended certification granting the right to appeal was filed. No amended certification was submitted, leading to the dismissal of the appeal.
Reasoning: On May 4, 2010, Byrd was notified that his appeal would be dismissed unless an amended certification granting him the right to appeal was submitted by June 3, 2010. No such amended certification was filed, leading the court to dismiss the appeal.
Plea Bargain and Waiver of Right to Appealsubscribe to see similar legal issues
Application: In this case, the defendant, Douglas L. Byrd, entered a plea bargain which included a waiver of his right to appeal. The court verified this waiver through its certification process.
Reasoning: Douglas L. Byrd pled nolo contendere to burglary of a habitation with intent to commit assault under a plea bargain, which included a waiver of his right to appeal.