Leo Wayne Cover v. the State of Texas

• Court: Texas Court of Appeals, 9th District (Beaumont)
• Decided: February 25, 2026
• Docket: 09-26-00029-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-26-00029-CR __________________

LEO WAYNE COVER, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 23DCCR2232 __________________________________________________________________

MEMORANDUM OPINION

On October 27, 2025, the trial court sentenced Leo Wayne Cover on an

indictment for theft in Trial Cause Number 23DCCR2232. On December 2, 2025,

Cover filed a notice of appeal and a motion for extension of time to file notice of

appeal. The District Clerk then sent Cover’s notice of appeal and the trial court’s

certification to the Ninth Court of Appeals. The trial court’s certification, signed on

October 27, 2025, states that the case “[i]s a plea-bargain case, and the defendant

has NO right of appeal[]” and “[t]he defendant has waived the right of appeal[.]”

1 On January 21, 2026, we notified the parties that we would dismiss the appeal

unless the appellant established that the trial court’s certification was incorrect. None

of the parties responded to the Court’s notice. Because the record lacks a certification

that shows Cover has the right of appeal, we dismiss the appeal. See Tex. R. App. P.

25.2(d), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on February 24, 2026 Opinion Delivered February 25, 2026 Do Not Publish

Before Golemon, C.J., Johnson and Chambers, JJ.