Humberto Lauro Leal v. the State of Texas

Court of Appeals of Texas

Humberto Lauro Leal v. the State of Texas

DecidedMay 10, 2023

Docket12-22-00145-CR

StatusPublished

This text of Humberto Lauro Leal v. the State of Texas (Humberto Lauro Leal v. the State of Texas) 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.

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Humberto Lauro Leal v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

NO. 12-22-00145-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HUMBERTO LAURO LEAL, § APPEAL FROM THE 241ST APPELLANT § DISTRICT COURT V. § SMITH COUNTY, TEXAS THE STATE OF TEXAS, APPELLEE

MEMORANDUM OPINION PER CURIAM

Pursuant to a plea bargain agreement, Humberto Lauro Leal pleaded “guilty” to murder, and the trial court sentenced him to thirty-two years in prison. Appellant appealed. The clerk’s record has been filed and the trial court’s certification states that this is a plea bargain case and the defendant has no right of appeal. The certification is signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). Appellant also signed a waiver of appeal. When the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal. Id. This Court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” Id. Based on our review of the record, the trial court’s certification appears to accurately state that this is a plea bargain case and Appellant has no right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate). Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal.

Opinion delivered May 10, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MAY 10, 2023

HUMBERTO LAURO LEAL, Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241-1421-19)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

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NO. 12-22-00145-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HUMBERTO LAURO LEAL, § APPEAL FROM THE 241ST APPELLANT § DISTRICT COURT V. § SMITH COUNTY, TEXAS THE STATE OF TEXAS, APPELLEE

MEMORANDUM OPINION PER CURIAM

Pursuant to a plea bargain agreement, Humberto Lauro Leal pleaded “guilty” to murder, and the trial court sentenced him to thirty-two years in prison. Appellant appealed. The clerk’s record has been filed and the trial court’s certification states that this is a plea bargain case and the defendant has no right of appeal. The certification is signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). Appellant also signed a waiver of appeal. When the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal. Id. This Court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” Id. Based on our review of the record, the trial court’s certification appears to accurately state that this is a plea bargain case and Appellant has no right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate). Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal.

Opinion delivered May 10, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MAY 10, 2023

HUMBERTO LAURO LEAL, Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241-1421-19)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

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Humberto Lauro Leal v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humberto-lauro-leal-v-the-state-of-texas-texapp-2023.

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