Summary
The Thirteenth Court of Appeals of Texas dismissed Joseph Milton Mitchum’s appeal from a conviction for possession of child pornography for want of jurisdiction. The court held that the trial court’s certification correctly stated that Mitchum had no right of appeal because the case was a plea-bargain case and the right of appeal had been waived.
Holdings
- When the trial court's certification does not show that a criminal defendant has the right of appeal, and the record supports the certification, the appellate court must dismiss the appeal for want of jurisdiction.
- A trial court certification is accurate, rather than defective, when it states that the defendant has no right of appeal and the record supports that determination.
Questions Presented
- Whether the Court of Appeals had jurisdiction over an appeal when the trial court's certification stated that the defendant had no right of appeal in a plea-bargain case.
- Whether the trial court's certification was accurate based on the record.
Disposition
dismissed
Cases Cited (8)
- Dears v. State, 154 S.W.3d 610, 613, 614–15 (Tex. Crim. App. 2005)(followed)
- Vasquez v. State, 695 S.W.3d 556, 559 (Tex. App.—Houston [1st Dist.] 2023, pet. ref’d)(followed)
- Torres v. State, 493 S.W.3d 213, 215 (Tex. App.—San Antonio 2016, no pet.)(followed)
- Pena v. State, 323 S.W.3d 522, 525–26 (Tex. App.—Corpus Christi–Edinburg 2010, no pet.)(followed)
- Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005)(followed)
- Marsh v. State, 444 S.W.3d 654, 658 (Tex. Crim. App. 2014)(followed)
- Carroll v. State, 176 S.W.3d 249, 255 (Tex. App.—Houston [1st Dist.] 2004, pet. ref’d)(followed)
- Carroll v. State, 119 S.W.3d 838, 841 (Tex. App.—San Antonio 2003, no pet.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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