Narrative Opinion Summary
Douglas L. Byrd pled nolo contendere to burglary of a habitation with intent to commit assault under a plea bargain agreement, which included a waiver of his right to appeal. The trial court certified that this was a plea-bargain case and confirmed Byrd had no right to appeal, as per Texas Rule of Appellate Procedure 25.2(a)(2). Byrd filed a notice of appeal, but upon review of the clerk’s record, including the trial court’s certification, the court determined that the certification accurately reflected that Byrd did not have an appeal right. Following notification to Byrd on May 4, 2010, that the appeal would be dismissed unless an amended certification was submitted by June 3, 2010, no such amended certification was filed. Consequently, the court dismissed the appeal based on the lack of a proper certification showing the right to appeal as required by Texas Rule of Appellate Procedure 25.2(d). The decision is not published.
Legal Issues Addressed
Certification of Right to Appealsubscribe to see similar legal issues
Application: The court relies on the trial court's certification to determine if the defendant has the right to appeal, and in this case, the certification confirmed no right to appeal.
Reasoning: The trial court certified that this was a plea-bargain case and confirmed Byrd had no right to appeal, as per Texas Rule of Appellate Procedure 25.2(a)(2).
Dismissal of Appeal Due to Lack of Certificationsubscribe to see similar legal issues
Application: An appeal is dismissed when there is no amended certification showing the right to appeal filed within the specified time frame.
Reasoning: Following notification to Byrd on May 4, 2010, that the appeal would be dismissed unless an amended certification was submitted by June 3, 2010, no such amended certification was filed.
Waiver of Right to Appeal in Plea Bargain Casessubscribe to see similar legal issues
Application: The defendant's waiver of the right to appeal as part of a plea bargain agreement is upheld, preventing any subsequent appeals unless properly certified.
Reasoning: Douglas L. Byrd pled nolo contendere to burglary of a habitation with intent to commit assault under a plea bargain agreement, which included a waiver of his right to appeal.