Andrea Leigh Ball v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 1, 2023
• Docket: 10-23-00058-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00058-CR

ANDREA LEIGH BALL, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2020-246-C1

MEMORANDUM OPINION

Andrea Leigh Ball appeals the judgment against her signed on February 9, 2023.

Because the trial court’s certification, which Ball and her attorney signed, indicates that

the underlying case was a plea-bargain case, that Ball has no right of appeal, and that

Ball has waived her right of 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 we are dismissing this appeal, Ball may file a motion for

rehearing with this Court within fifteen (15) days after this opinion and judgment are

rendered if she believes this opinion and judgment are erroneously based on inaccurate

information or documents. See TEX. R. APP. P. 49.1. Moreover, if Ball 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 thirty (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).

For the reasons stated, this appeal is dismissed.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed March 1, 2023 Do not publish [CR25]

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