Xavier Rashad Lee v. the State of Texas ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00149-CR
XAVIER RASHAD LEE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law
Walker County, Texas
Trial Court No. 19-0416
MEMORANDUM OPINION
Xavier Lee appeals from the judgment of conviction rendered against him on May
26, 2021. However, the trial court’s certification of his right of appeal, which Lee and his
counsel signed, indicates that this is a plea-bargain case and that Lee has no right of
appeal. Accordingly, 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, Lee may file a motion for
rehearing with this Court within 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 Lee 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 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 id. R. 68.2(a).
For the reasons stated, this appeal is dismissed.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Wright 1
Appeal dismissed
Opinion delivered and filed December 22, 2021
Do not publish
[CR25]
1The Honorable Jim R. Wright, Senior Chief Justice (Retired) of the Eleventh Court of Appeals, sitting by
assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002,
75.003.
Lee v. State Page 2