Curtis Strahan v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00856-CR
Curtis Strahan, Appellant
v.
The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY
NO. 77106, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Curtis Strahan seeks to appeal from a judgment adjudicating guilt for
the offense of assault of a public servant. See Tex. Penal Code § 22.01. The trial court’s original
certification in the record stated that this is a plea-bargain case and the defendant has no right of
appeal. See Tex. R. App. P. 25.2(a)(2) (requiring that trial court enter certification of defendant’s
right of appeal “each time it enters a judgment of guilt or other appealable order” ). Because the
record did not support this certification, we abated the appeal and instructed the trial court to
prepare and file in this Court an amended certification that accurately reflects Strahan’s right of
appeal. See Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005).
The trial court has now filed a supplemental clerk’s record containing an amended
certification stating that defendant has waived the right of appeal. This certification is supported
by the record, which contains a document signed by Strahan stating that he confesses to violating
the terms of his community supervisions and that he “waives any right to a motion for new trial
and appeal.” Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
25.2(a)(2), (d).
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Baker, and Kelly
Dismissed for Want of Jurisdiction
Filed: May 1, 2020
Do Not Publish
2