Fredrick Spencer Figgers v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 19, 2023
• Docket: 10-23-00295-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00295-CR

FREDRICK SPENCER FIGGERS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 361st District Court Brazos County, Texas Trial Court No. 18-03774-CRF-361

MEMORANDUM OPINION

Fredrick Spencer Figgers appeals from the trial court’s revocation of his

community supervision; however, the trial court’s certification of his right of appeal,

which Figgers and his counsel signed, indicates that this is a plea-bargain case and that

Figgers has no right of appeal and that Figgers has waived his right of appeal.

Accordingly, 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, Figgers 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 Figgers 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 id. R. 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Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed October 19, 2023 Do not publish [CR25]

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