Jeremy Mangum v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 23, 2024
• Docket: 10-24-00134-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00134-CR

JEREMY MANGUM, Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No 2 Brazos County, Texas Trial Court No. 22-00444-CRM-CCL2

MEMORANDUM OPINION

Jeremy Mangum appeals from the trial court’s revocation of his community

supervision; however, the trial court’s certification of his right of appeal, which

Mangum and his counsel signed, indicates that this is a plea-bargain case and that

Mangum has no right of appeal and that Mangum 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.”); 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, Mangum 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 Mangum 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 Johnson, and Justice Smith (Chief Justice Gray dissents.) Appeal dismissed Opinion delivered and filed May 23, 2024 Do not publish [CR25]

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