Summary
The Thirteenth Court of Appeals of Texas dismissed Jesus Manuel Farias’s attempted appeal from a judgment of conviction for want of jurisdiction. The court relied on the trial court’s certification that Farias knowingly and voluntarily waived his right to appeal and counsel’s failure to show that he had a right of appeal.
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction to review the judgment of conviction when the trial court's certification stated that appellant waived his right to appeal and the record did not show otherwise.
Holdings
- An appeal must be dismissed for want of jurisdiction when the trial court's certification does not show that the defendant has a right of appeal, and the record does not otherwise establish such a right.
Key quotations
“voluntarily, knowingly, and intelligently waive[d] [his] right to appeal.” (at 1)
Factual background
Appellant sought to appeal a judgment of conviction. The trial court certified that appellant had voluntarily, knowingly, and intelligently waived his right to appeal. After the court of appeals directed appellant's counsel to determine whether appellant nevertheless had a right to appeal, counsel failed to respond or provide support for appellate jurisdiction.
Procedural history
The 370th District Court of Hidalgo County entered a judgment of conviction in trial court cause number CR-1949-25-G. Appellant filed a notice of appeal on November 18, 2025. The court of appeals ordered appellant's counsel to review the record and determine whether appellant had a right to appeal, but counsel did not respond or otherwise establish appellate jurisdiction.