Casey Owens v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 25, 2022
• Docket: 07-22-00109-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00109-CR

CASEY OWENS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 364th District Court Lubbock County, Texas Trial Court No. 2018-414,051, Honorable William R. Eichman II, Presiding

May 25, 2022 MEMORANDUM OPINION Before PIRTLE and PARKER and DOSS, JJ.

Pursuant to a plea bargain agreement, Appellant Casey Owens was convicted of

murder1 and sentenced to forty years’ confinement. The trial court’s certification of

appellant’s right of appeal reflects that this is a plea bargain case from which appellant

has no right of appeal and that appellant has waived the right of appeal. The certification

1 See TEX. PENAL CODE ANN. § 19.02(B)(1). comports with the record before the Court. Notwithstanding the certification, appellant

filed a notice of appeal, pro se, challenging his conviction.

We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a

certification that shows the defendant has the right of appeal has not been made part of

the record.” By letter of April 21, 2022, we notified appellant of the consequences of the

trial court’s certification and directed him to file a response demonstrating grounds for

continuing the appeal by May 2. To date, appellant has not filed a response or had any

further communication with this Court.

Accordingly, we dismiss the appeal based on the trial court’s certification. See

TEX. R. APP. P. 25.2(d).

Per Curiam

Do not publish.