Paul Anthony Ashford, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 12, 2024
• Docket: 12-24-00143-CR
• Status: Published

Opinion

NOS. 12-24-00143-CR 12-24-00144-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PAUL ANTHONY ASHFORD, JR., § APPEAL FROM THE 87TH APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS, APPELLEE § ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

Paul Anthony Ashford, Jr. pleaded “guilty” to indecency with a child by sexual contact and aggravated sexual assault of a child as a lesser included offense of sex abuse of a child, continuous victim under fourteen. In accordance with the agreed punishment recommendation, the trial court sentenced Appellant to twenty years in prison for the indecency offense and thirty years in prison for aggravated sexual assault. Appellant appealed. The clerk’s record has been filed and the trial court’s certifications state that this is a plea bargain case, and the defendant has no right of appeal. The certifications are signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). The clerk’s record does not otherwise indicate that the trial court gave Appellant permission to appeal. 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 record, the trial court’s certifications appear to accurately state that these are plea bargain cases and Appellant has no right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review record to determine whether trial court’s certification is accurate). Because the trial court did not grant Appellant the right to appeal, we dismiss the appeals.

Opinion delivered June 12, 2024. 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(DO NOT PUBLISH)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

JUNE 12, 2024

NO. 12-24-00143-CR

PAUL ANTHONY ASHFORD, JR., Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 87th District Court of Anderson County, Texas (Tr.Ct.No. 87CR-22-35663)

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 COURT OF APPEALS

NO. 12-24-00144-CR

PAUL ANTHONY ASHFORD, JR., Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 87th District Court of Anderson County, Texas (Tr.Ct.No. 87CR-22-35692)

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