Guy Douglas Melton v. the State of Texas ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00134-CR
GUY DOUGLAS MELTON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 249th District Court
Johnson County, Texas
Trial Court No. DC-F202000726
MEMORANDUM OPINION
Guy Douglas Melton appeals the judgment against him signed on June 14, 2021.
Because the trial court’s certification, which Melton and his attorney signed, indicates
that the underlying case was a plea-bargain case, that Melton has no right of appeal,
and that Melton has waived his right of appeal, this appeal must be dismissed. See TEX.
R. APP. P. 25.2(d) (“The appeal must be dismissed if a certification that shows the
defendant has the right of appeal has not been made part of the record under these
rules.”); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (plea bargain);
Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal).
Notwithstanding that we are dismissing this appeal, Melton may file a motion
for rehearing with this Court within fifteen (15) days after this opinion and judgment
are rendered if he believes this opinion and judgment are erroneously based on
inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if Melton
desires to have the opinion and judgment of this Court reviewed by filing a petition for
discretionary review, that petition must be filed with the Court of Criminal Appeals
within thirty (30) days after either the day this Court's judgment is rendered or the day
the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P.
68.2(a).
For the reasons stated, this appeal is dismissed.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed February 9, 2022
Do not publish
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