Michael Anthony Mayes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 10, 2025
• Docket: 13-24-00547-CR
• Status: Published

Opinion

NUMBER 13-24-00547-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

MICHAEL ANTHONY MAYES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 24TH DISTRICT COURT OF CALHOUN COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Silva, Peña, and Fonseca Memorandum Opinion by Justice Fonseca

Appellant filed a pro se notice of appeal attempting to appeal a judgment in trial

court case number 2019-CR-8237-DC. We now dismiss the appeal for want of

jurisdiction.

Upon review of the documents filed, the trial court has certified that this “is a plea-

bargain case…, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). On November 5, 2024, we ordered appellant’s counsel to review the record

and determine whether appellant had a right to appeal. On November 8, 2024, the trial

court granted a motion to withdraw, releasing the Honorable Keith S. Weiser as

appellant’s counsel. On December 13, 2024, we abated and remanded the case to the

trial court to determine whether appellant was entitled to new appointed counsel. On

January 16, 2025, appellant was appointed new counsel.

Accordingly, on January 24, 2025, we reinstated the case and ordered appellant’s

newly appointed counsel to review the record and determine whether appellant had a

right to appeal. On February 5, 2025, appellant’s counsel responded concluding that

appellant waived his right to appeal and otherwise does not have a right to appeal.

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court’s certification does not show that the defendant has the right of appeal.

See id. R. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of jurisdiction.

YSMAEL D. FONSECA Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 10th day of April, 2025.