Nathan Shawn Tedford v. State ( 2021 )


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  •                                           COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    NATHAN SHAWN TEDFORD,                                  §
    Appellant,                             §                 No. 08-21-00004-CR
    v.                                                     §                    Appeal from the
    THE STATE OF TEXAS,                                    §                  104th District Court
    Appellee.                              §               of Taylor County, Texas1
    §                     (TC# 22804B)
    §
    MEMORANDUM OPINION
    Nathan Shawn Tedford is attempting to appeal his conviction for fraudulent use of a credit
    card. We dismiss this attempted appeal because the trial court certified that Appellant does not
    have a right to appeal.
    Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure requires that the trial court enter
    its certification of a defendant’s right of appeal each time it enters a judgment of guilt or other
    appealable order. TEX.R.APP.P. 25.2(a)(2). The trial court’s certification reflects that the appeal
    “is a plea-bargain case, and the defendant has NO right of appeal[.]” The record supports the trial
    1
    We hear this case on transfer from the Eleventh Court of Appeals. See TEX.R.APP.P. 41.3.
    court’s conclusion that Appellant waived his right to a jury trial and entered a negotiated guilty
    plea. In a plea-bargain case, a defendant may appeal only those matters raised by written motion
    and ruled on before trial, or after getting the trial court’s permission to appeal. TEX.R.APP.P.
    25.2(a)(2)(A)(B). The appellate record does not reflect that the trial court ruled on any pretrial
    motions or that Appellant obtained permission to appeal any issues.
    The Clerk’s Office notified Appellant that the certification reflects he has no right of appeal
    in this case and requested a response. As of this date, we have not received a response from
    Appellant. Based on the trial court’s certification and the record before us, we conclude that
    Appellant does not have a right to appeal. Accordingly, we dismiss the appeal.
    YVONNE T. RODRIGUEZ, Chief Justice
    February 24, 2021
    Before Rodriguez, C.J., Palafox, and Alley, JJ.
    (Do Not Publish)
    2
    

Document Info

Docket Number: 08-21-00004-CR

Filed Date: 2/24/2021

Precedential Status: Precedential

Modified Date: 2/25/2021