Elmer William Ward v. State

• Court: Court of Appeals of Texas
• Decided: April 9, 2009
• Docket: 14-09-00059-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 9, 2009

Dismissed and Memorandum Opinion filed April 9, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00059-CR

ELMER WILLIAM WARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 54th District Court

McLennan County, Texas

Trial Court Cause No. 2007-1584-C2

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offense of robbery and was sentenced on December 17, 2007, to confinement for twenty-five years in the Texas Department of Criminal Justice, Institutional Division.  Appellant signed a written waiver of appeal on December 17, 2007.

On November 24, 2008, appellant filed in the trial court a motion for an out-of-time appeal and a notice of appeal.  Even if this could be construed to constitute a revocation of appellant=s previous waiver of the right of appeal, appellant has not been granted an out-of-time appeal.  

The clerk=s record shows that the trial court entered a certification of the defendant=s right to appeal in which the court certified that the defendant waived the right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).