Steven Craig Eskridge v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 7, 2024
• Docket: 09-23-00400-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00400-CR __________________

STEVEN CRAIG ESKRIDGE, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 23-03-04553-CR __________________________________________________________________

MEMORANDUM OPINION

On July 13, 2023, the trial court sentenced Steven Craig Eskridge on an

indictment for theft. On December 18, 2023, Eskridge filed a notice of appeal pro

se.

The District Clerk then sent Eskridge’s notice of appeal and the trial court’s

certification to the Ninth Court of Appeals. The trial court’s certification shows that

this is a plea-bargain case and that Eskridge has no right to appeal.

1 On December 20, 2023, we notified the parties that we would dismiss the

appeal unless the appellant established the trial court’s certification was incorrect.

Even though Eskridge responded to the Court’s notice, his response fails to establish

that the trial court’s certification that states he has no right to appeal is incorrect.

Because the record lacks a certification that shows Eskridge has the right of appeal,

we dismiss the appeal.1 See Tex. R. App. P. 25.2(d), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on February 6, 2024 Opinion Delivered February 7, 2024 Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.

1 We note that it appears Eskridge filed a notice of appeal too late to perfect an appeal. See Tex. R. App. P. 26.2, 26.3. 2