Jefferious Djun Brown v. State ( 2019 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00160-CR
JEFFERIOUS DJUN BROWN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 114th District Court
Smith County, Texas
Trial Court No. 114-1070-17
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
On July 14, 2015, the 114th Judicial District Court of Smith County 1 revoked Jefferious Djun
Brown’s community supervision, adjudicated him guilty of evading arrest/detention with a vehicle,2
and sentenced him to seven years’ confinement. Brown perfected his appeal from this conviction and
sentence by timely filing a notice of appeal. However, following the trial court’s pronouncement of
sentence, Brown signed a written waiver of his right of appeal. Consequently, the trial court certified
that Brown had waived his right of appeal, and Brown signed the trial court’s written certification.
Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, this Court is required to
dismiss an appeal if, as in this case, the trial court’s certification correctly indicates that there is no
right of appeal or that the right of appeal has been waived. See TEX. R. APP. 25.2(d).
Brown, through counsel, acknowledged this defect in our jurisdiction and conceded that the
appeal must be dismissed without further inquiry. See Chavez v. State, 183 S.W.3d 675, 680 (Tex.
Crim. App. 2006).
In light of the foregoing, we dismiss this appeal for want of jurisdiction.
Ralph K. Burgess
Justice
Date Submitted: August 7, 2019
Date Decided: August 8, 2019
Do Not Publish
1
Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
2
See TEX. PENAL CODE ANN. § 38.04(b)(2)(A).
2