Jefferious Djun Brown v. State

Court of Appeals of Texas·Decided August 8, 2019·No. 06-19-00160-CR·Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-19-00160-CR

JEFFERIOUS DJUN BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 114th District Court Smith County, Texas Trial Court No. 114-1070-17

Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION On July 14, 2015, the 114th Judicial District Court of Smith County 1 revoked Jefferious Djun

Brown’s community supervision, adjudicated him guilty of evading arrest/detention with a vehicle,2

and sentenced him to seven years’ confinement. Brown perfected his appeal from this conviction and

sentence by timely filing a notice of appeal. However, following the trial court’s pronouncement of

sentence, Brown signed a written waiver of his right of appeal. Consequently, the trial court certified

that Brown had waived his right of appeal, and Brown signed the trial court’s written certification.

Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, this Court is required to

dismiss an appeal if, as in this case, the trial court’s certification correctly indicates that there is no

right of appeal or that the right of appeal has been waived. See TEX. R. APP. 25.2(d).

Brown, through counsel, acknowledged this defect in our jurisdiction and conceded that the

appeal must be dismissed without further inquiry. See Chavez v. State, 183 S.W.3d 675, 680 (Tex.

Crim. App. 2006).

In light of the foregoing, we dismiss this appeal for want of jurisdiction.

Ralph K. Burgess Justice

Date Submitted: August 7, 2019 Date Decided: August 8, 2019

Do Not Publish 1 Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. 2 See TEX. PENAL CODE ANN. § 38.04(b)(2)(A).

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Related

Chavez v. State
183 S.W.3d 675 (Court of Criminal Appeals of Texas, 2006)