James Brent Beckham v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 14, 2023
• Docket: 10-23-00157-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00157-CR

JAMES BRENT BECKHAM, Appellant v.

THE STATE OF TEXAS, Appellee

From the 443rd District Court Ellis County, Texas Trial Court No. 45577CR

MEMORANDUM OPINION

James Brent Beckham appeals from the judgment adjudicating his guilt for the

second-degree felony offense of possession of a controlled substance, group one, in an

amount of four grams or more but less than 200 grams. See TEX. HEALTH & SAFETY CODE

ANN. § 481.115(d). The trial court’s certification of his right of appeal, which Beckham

and his counsel signed, indicates that Beckham 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.”); Monreal v. State, 99 S.W.3d 615,

622 (Tex. Crim. App. 2003).

Notwithstanding that we are dismissing this appeal, Beckham 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 Beckham 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Chief Justice Gray, Justice Smith, and Justice Johnson Appeal dismissed Opinion delivered and filed June 14, 2023 Do not publish [CR25]

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