Paul David Mason v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 7, 2025
• Docket: 10-25-00053-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00053-CR 10-25-00054-CR

Paul David Mason, Appellant

v.

The State of Texas, Appellee

On appeal from the 54th District Court of McLennan County, Texas Judge Susan N. Kelly, presiding Trial Court Cause No. 2022-1414-C2

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

Paul David Mason attempts to appeal convictions for possession of a

controlled substance (Cause No. 10-25-00053-CR) and possession of a

controlled substance with the intent to deliver (Cause No. 10-25-00054-CR). In

each case, the certification of the defendant’s right to appeal signed by the trial

court indicates that “the defendant has waived the right to appeal.”

Interlineated next to that line by the trial court is “A plea of guilty to Court for punishment.” The clerk’s record contains waivers of appeal signed by Mason,

Mason’s trial counsel, and the trial court.

The trial court must file a certification clarifying the defendant's right of

appeal, and unless "a certification that shows the defendant has the right of

appeal has . . . been made part of the record," we "must" dismiss the appeal.

TEX. R. APP. P. 25.2(a)(2), (d). Because the trial court’s certifications of the

defendant’s right of appeal indicate that Mason has waived the right to appeal

in both cases, these appeals must be dismissed. See TEX. R. APP. P. 25.2(d);

Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).

Accordingly, these appeals are dismissed.

MATT JOHNSON Chief Justice

OPINION DELIVERED and FILED: August 7, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish CRPM

Mason v. State Page 2