Heath Brandon Marlowe v. State
This text of Heath Brandon Marlowe v. State (Heath Brandon Marlowe v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Heath Brandon Marlowe, appellant, has filed with this Court a motion to dismiss his appeal, stating that he executed, in open court, a waiver of motion for new trial and right of appeal and that he no longer wishes to pursue an appeal. The motion is not signed by Marlowe as required by Rule 42.2(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a).
However, attached to the motion are certified copies of the waiver of motion for new trial and right of appeal and the trial court's certification of right of appeal. The certification states that Marlowe waived his right of appeal. Both of these documents bear Marlowe's signature.
Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Because the trial court's certification affirmatively shows Marlowe waived his right of appeal, and because the record before us does not reflect that the certification is incorrect, see Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal.
We dismiss the appeal.
Jack Carter
Justice
Date Submitted: December 18, 2007
Date Decided: December 19, 2007
Do Not Publish
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Date Submitted: September 5, 2007
Date Decided: September 6, 2007
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Heath Brandon Marlowe v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-brandon-marlowe-v-state-texapp-2007.