Lisa Lowry Winter v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 3, 2022
• Docket: 09-22-00194-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00194-CR __________________

LISA LOWRY WINTER, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 21-11-16184-CR __________________________________________________________________

MEMORANDUM OPINION

On December 31, 2021, the trial court accepted Lisa Lowry Winter’s guilty

plea to an indictment, which alleged possession of a controlled substance, deferred

adjudicating guilt and signed an order placing Winter on community supervision.

The trial court signed a certification in which the trial court certified that this is a

plea-bargain case and Winter has no right of appeal. See Tex. R. App. P. 25.2(a)(2).

Nonetheless, Winter filed a notice of appeal on June 10, 2022.

1 On June 21, 2022, we notified the parties that we would dismiss the appeal

unless the appellant established the certification was incorrect. Winter responded to

our notice but failed to establish that the certification was incorrect. Since the record

lacks a certification saying that Winter has the right of appeal, we dismiss the

appeal. 1 See Tex. R. App. P. 25.2(d).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 2, 2022 Opinion Delivered August 3, 2022 Do Not Publish

Before Kreger, Horton and Johnson, JJ.

1 We also note that it appears that Winter filed a notice too late to perfect an appeal. See Tex. R. App. P. 26.2, 26.3. 2