Paul David Mason v. the State of Texas

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OPINION DELIVERED and FILED: August 7, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do not publish CRPM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