Billy Bruce Lee v. State ( 2005 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00213-CR

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BILLY BRUCE LEE, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 023873-B

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          In December 1996, Billy Bruce Lee entered into a plea agreement under which the trial court deferred adjudication for ten years in exchange for Lee's plea of no contest to charges of aggravated sexual assault of a child. In connection with this agreement, Lee also waived his right to "appeal on any matter in the case except for matters raised by written motion filed prior to trial." Citing to Article 1.14 of the Texas Code of Criminal Procedure, he also waived "all rights given to me by law, whether of form, substance or procedure."

          On June 24, 2005, Lee was adjudicated guilty of the offense and sentenced to twenty years' imprisonment. He now seeks to appeal the judgment. On October 31, 2005, this Court received a supplemental clerk's record containing the trial court's certification of Lee's right of appeal. See Tex. R. App. P. 25.2(d). The trial court certified that Lee had waived his right of appeal. Unless the appellate record contains a trial court's certification showing that a defendant has the right of appeal, we must dismiss the appeal. See id.; Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). We have examined the clerk's record to determine whether the trial court's certification is defective. See Dears, 154 S.W.3d at 613. Because the trial court's certification affirmatively shows Lee waived his right of appeal and because the record supports the trial court's certification, we dismiss this appeal.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      November 2, 2005

Date Decided:         November 3, 2005

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