Lawrence Ray Jackson v. the State of Texas

Summary

The Fourth Court of Appeals of Texas orders appellant Lawrence Ray Jackson to respond regarding whether an amended trial-court certification establishes a right to appeal. The order notes that Jackson pleaded nolo contendere pursuant to a plea bargain, waived certain appellate rights, and received a sentence consistent with the agreement; it warns that the appeal will be dismissed if a satisfactory response is not filed.

Holdings

1. The court of appeals must review the clerk's record to determine whether the trial court's certification regarding the defendant's right to appeal is accurate.
2. The court did not immediately dismiss the appeal; instead, it ordered Jackson to file a response establishing that an amended certification showing a right to appeal had been made part of the appellate record, with dismissal to follow if he failed to respond satisfactorily.

Questions Presented

1. Whether the appellate record supported the trial court's certification that Jackson had no right to appeal from the plea-bargained conviction and agreed sentence.
2. Whether Jackson should be required to establish that an amended certification showing a right to appeal had been included in the appellate record.

Disposition

other