Rhonda Jean Farmer v. State ( 2014 )


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  •                     In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    No. 06-14-00026-CR
    RHONDA JEAN FARMER, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 124th District Court
    Gregg County, Texas
    Trial Court No. 42604-A
    Before Morriss, C.J., Carter and Moseley, JJ.
    Memorandum Opinion by Justice Carter
    MEMORANDUM OPINION
    Rhonda Jean Farmer was convicted by a Gregg County jury of theft of stolen property
    having a value greater than or equal to $1,500.00, but less than $20,000.00. After the jury
    returned its guilty verdict, Farmer and the State entered into a post-conviction negotiated plea
    agreement recommending a sentence of two years’ incarceration in a state jail facility, suspended
    for a term of four years’ community supervision. The trial court accepted the post-conviction
    negotiated plea agreement and sentenced Farmer in accordance with the terms of that agreement.
    As a part of her agreement with the State, Farmer waived, among other things, her right to file an
    appeal. Notwithstanding that waiver, Farmer filed a notice of appeal.
    On our review of the clerk’s record, we noted that the trial court certified that Farmer had
    waived her right of appeal. By letter dated May 16, 2014, we informed Farmer of this potential
    jurisdictional defect and afforded her ten days in which to respond. We received no response
    from Farmer to our May 16 correspondence.
    Rule 25.2(d) of the Texas Rules of Appellate Procedure states that an “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.” TEX. R. APP. P. 25.2(d).          Because the trial court’s
    certification indicates that Farmer waived her right of appeal and because the record before us
    contains nothing to suggest that the certification is incorrect, see Dears v. State, 
    154 S.W.3d 610
    ,
    615 (Tex. Crim. App. 2005), we must dismiss this appeal. See TEX. R. APP. P. 25.2(d).
    2
    We dismiss the appeal for want of jurisdiction.
    Jack Carter
    Justice
    Date Submitted:      June 4, 2014
    Date Decided:        June 5, 2014
    Do Not Publish
    3
    

Document Info

Docket Number: 06-14-00026-CR

Filed Date: 6/5/2014

Precedential Status: Precedential

Modified Date: 10/16/2015