Jonathan Lymel Wofford v. The State of Texas--Appeal from 114th District Court of Smith County (per curiam)
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NO. 12-12-00354-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JONATHAN LYMEL WOFFORD, APPELLANT § APPEAL FROM THE 114TH V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Pursuant to a plea bargain, Appellant Jonathan Lymel Wofford pleaded guilty to theft, a state jail felony. The trial court sentenced Appellant to confinement for one hundred eighty days. We have received the trial court s certification stating that this is a plea-bargain case, and the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Appellant timely filed a notice of appeal. The clerk s record, which includes the trial court s certification and a written plea bargain agreement, has been filed. See TEX. R. APP. P. 25.2(d). The clerk s record establishes the punishment assessed by the trial court does not exceed the punishment recommended by the prosecutor and agreed to by Appellant and does not indicate the trial court gave Appellant permission to appeal. See TEX. R. APP. P. 25.2(a)(2). Nor does the clerk s record include any pretrial motions that were filed and ruled on by the court. See id. Based on our review of the clerk s record, the trial court s certification appears to accurately state that this is a plea bargain case and Appellant does not have the right to appeal. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk s record to determine whether trial court s certification is accurate). This court must dismiss an appeal if a certification that shows the defendant has the right of appeal has not been made part of the record. TEX. R. APP. P. 25.2(d). dismissed. Opinion delivered October 24, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) 2 Accordingly, the appeal is COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT OCTOBER 24, 2012 NO. 12-12-00354-CR JONATHAN LYMEL WOFFORD, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 114th Judicial District Court of Smith County, Texas. (Tr.Ct.No. 114-2022-09) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. 3
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