Anthony James Hauk v. State

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-18-00200-CR

ANTHONY JAMES HAUK, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 413th District Court Johnson County, Texas

Trial Court No. F50285

MEMORANDUM OPINION

Anthony James Hauk appeals from the judgment of conviction and sentence rendered against him on March 23, 2018. The trial court’s certification of his right of appeal indicates that the underlying case was a plea-bargain case and that Hauk has no right of appeal as to punishment issues and also that Hauk has waived his right of appeal as to guilt/innocence issues. This appeal must therefore 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, Hauk 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 Hauk 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).

For the reasons stated, this appeal is dismissed.

REX D. DAVIS

Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed August 29, 2018 Do not publish [CR25]

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