William Crawford, Jr. v. State ( 2009 )

IN THE
TENTH COURT OF APPEALS
No. 10-08-00394-CR
WILLIAM CRAWFORD, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court No. FBR-08-19251
MEMORANDUM OPINION
William Crawford, Jr. pleaded guilty to burglary. Pursuant to a plea bargain, the
court sentenced him to fifteen years’ imprisonment. Crawford timely filed a pro se
notice of appeal.
The trial court’s certification regarding Crawford’s right of appeal states that this:
(1) “is a plea-bargain case, and the defendant has NO right of appeal”; and (2) “the
defendant has waived the right of appeal.” Rule of Appellate Procedure 25.2(d)
provides in pertinent part, “The appeal must be dismissed if a certification that shows
the defendant has the right of appeal has not been made a part of the record under these
rules.” TEX. R. APP. P. 25.2(d).
The trial court’s certification affirmatively shows that Crawford has no right of
appeal. Thus, the Clerk of this Court notified Crawford that the appeal may be
dismissed if he did not file a response showing grounds for continuing the appeal. See
id. 44.3.
By way of response, Crawford argues that he received ineffective assistance from
his court-appointed trial counsel. He alleges five instances of ineffective assistance and
further alleges that the court erroneously denied his request to obtain other counsel or
proceed pro se. However, these are issues which may not be addressed in an appeal
from a plea-bargained conviction without the trial court’s permission. See Estrada v.
State, 149 S.W.3d 280, 283 (Tex. App.—Houston [1st Dist.] 2004, pet. ref’d) (per curiam).
The trial court did not give Crawford permission to appeal. The trial court’s
certification affirmatively shows that Crawford has no right of appeal. Accordingly, we
dismiss the appeal. Id. at 285; High v. State, 115 S.W.3d 581, 582 (Tex. App.—Waco 2003,
pet. ref’d) (mem. op.).
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Appeal dismissed
Opinion delivered and filed February 18, 2009
Do not publish
[CR25]
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