Guy Douglas Melton v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 9, 2022
• Docket: 10-21-00134-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00134-CR

GUY DOUGLAS MELTON, Appellant v.

THE STATE OF TEXAS, Appellee

From the 249th District Court Johnson County, Texas Trial Court No. DC-F202000726

MEMORANDUM OPINION

Guy Douglas Melton appeals the judgment against him signed on June 14, 2021.

Because the trial court’s certification, which Melton and his attorney signed, indicates

that the underlying case was a plea-bargain case, that Melton has no right of appeal,

and that Melton has waived his right of appeal, 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, Melton may file a motion

for rehearing with this Court within fifteen (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 Melton

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 thirty (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.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed February 9, 2022 Do not publish [CR25]

Melton v. State Page 2