Eric Dewayne Garrett v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 9, 2024
• Docket: 09-24-00292-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00291-CR NO. 09-24-00292-CR __________________

ERIC DEWAYNE GARRETT, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. F23-41518 and F23-41519 __________________________________________________________________

MEMORANDUM OPINION

On May 15, 2023, the trial court sentenced Eric Dewayne Garrett on two

convictions for aggravated robbery. In each case, Trial Cause Number F23-41518

and Trial Cause Number F23-41519, the trial court certified that this is a plea-

bargain case, that the defendant did not have a right to appeal, and that the defendant

waived the right of appeal. More than a year later—on August 21, 2024—Garrett,

1 acting pro se, filed notices of appeal in Trial Cause Numbers F23-41518 and F23-

41519. 1 The trial court appointed counsel to represent Garrett on appeal.

After Garrett filed the notices of appeal in the two cases with the Jefferson

County District Clerk, the District Clerk sent the notices of appeal and the trial

court’s certifications that indicate Garrett did not have the right to appeal to the Ninth

Court of Appeals. On September 13, 2024, the Clerk of the Ninth Court of Appeals

notified the parties the Court would dismiss the appeals unless the appellant could

establish the trial court’s certifications were incorrect. Although Garrett responded

to the Court’s notices, his response fails to establish the trial court’s certifications

that state he has no right to appeal are incorrect.

Because the records lack certifications that show Garrett has the right of

appeal, we dismiss the appeals. See Tex. R. App. P. 25.2(d), 43.2(f).

APPEALS DISMISSED.

PER CURIAM

Submitted on October 8, 2024 Opinion Delivered October 9, 2024 Do Not Publish

Before Golemon, C.J., Wright and Chambers, JJ.

1 We note that it appears Garrett filed his notices of appeal too late to perfect

an appeal. See Tex. R. App. P. 26.2, 26.3. 2