Nichole D. Jones v. the State of Texas

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-24-00349-CR

NICHOLE D. JONES, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 278th District Court Walker County, Texas

Trial Court No. 30645

MEMORANDUM OPINION

Nichole D. Jones attempts to appeal her conviction for evading arrest. The record contains a Certification of Defendant’s Right of Appeal signed by the trial court indicating this “is a plea-bargain case, and the defendant has NO right of appeal” and “the defendant has waived the right to appeal.”

When the defendant is the appellant, the record must include the trial court's certification of the defendant's right of appeal. See TEX. R. APP. P. 25.2(d). We must dismiss an appeal “without further action, regardless of the basis for the appeal” if the trial court’s certification shows there is no right to appeal. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (holding that an appellant who has executed a waiver of appeal, whether negotiated or non-negotiated, could not appeal without securing the consent of the trial court). Because the trial court’s certification shows there is no right to appeal, this appeal is dismissed.1

STEVE SMITH

Justice

Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Opinion delivered and filed January 16, 2025 Do not publish [CR25]

1 All pending motions are dismissed. Jones v. State Page 2