Robert Rebel Kemp v. State

• Court: Court of Appeals of Texas
• Decided: February 26, 2010
• Docket: 03-10-00038-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-10-00038-CR

Robert Rebel Kemp, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT

NO. 57,669, HONORABLE FANCY H. JEZEK, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Robert Rebel Kemp was convicted of criminal non-support and sentenced to two years in prison, probated for five years. See Tex. Penal Code Ann. § 25.05 (West 2003). His probation was revoked based on a plea bargain agreement in which Kemp pleaded true to an alleged violation. He was sentenced to twenty-two months in state jail.

Kemp filed a notice of appeal, but the trial court has certified that this is a plea bargain case and that Kemp has no right of appeal. The trial court record contains a document entitled Adjudication/Revocation/Waivers, Agreements, Judicial Confession, signed by appellant and his attorney, in which he "waives any right to a Motion for New Trial and Appeal." The record also contains a document entitled Waiver of Motion for New Trial and Motion in Arrest of Judgment and Waiver of Right to Appeal, signed by appellant and his attorney, in which appellant states "[t]hat he does not wish to appeal his conviction and expressly waives his right to appeal."

Because the record does not contain a certification that the defendant has the right of appeal, this appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d).

G. Alan Waldrop, Justice

Before Chief Justice Jones, Justices Pemberton and Waldrop

Dismissed

Filed: February 26, 2010

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