Michael Ulysses Taylor v. State

• Court: Court of Appeals of Texas
• Decided: March 12, 2019
• Docket: 12-19-00082-CR
• Status: Published

Opinion

NO. 12-19-00082-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL ULYSSES TAYLOR, § APPEAL FROM THE 114TH APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Michael Ulysses Taylor appeals from his conviction for aggravated assault with a deadly weapon, to which he pleaded “guilty” and received a sentence of ten years in prison with credit for time served. According to the trial court’s certification, this “is a plea-bargain case, and the defendant has no right of appeal.” The certification further states that Appellant waived the right to appeal. The certification was signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). The clerk’s record contains a waiver of appeal signed by Appellant and his counsel. When the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal. Id. This Court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” Id. Based on our review of the clerk’s record, the trial court’s certification appears to accurately state that Appellant does not have the right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate). This Court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” TEX. R. APP. P. 25.2(d). Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal. Opinion delivered March 12, 2019. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 12, 2019

MICHAEL ULYSSES TAYLOR, Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 114-1681-18)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.