Dezmond Hill v. The State of Texas Appeal from 114th District Court of Smith County (memorandum opinion per curiam)
Annotate this Case
Download PDF
NO. 12-17-00129-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS DEZMOND HILL, 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 agreement, Dezmond Hill pleaded guilty to burglary of a habitation. The trial court signed an order of deferred adjudication and placed Appellant on community supervision for ten years. The State subsequently filed a motion to adjudicate guilt. The trial court found Appellant guilty of burglary of a habitation and sentenced Appellant to imprisonment for twenty-five years. Appellant filed a notice of appeal. The clerk’s record has been filed. See TEX. R. APP. P. 25.2(d). certification states that “defendant has waived the right of appeal.” The trial court’s See TEX. R. APP. P. 25.2(a)(2). The certification was signed by Appellant and his counsel. The clerk’s record contains a waiver of appeal signed by Appellant, and does not otherwise indicate the trial court gave Appellant permission to appeal. See id. Based on our review of the clerk’s record, the trial court’s certification appears to accurately state that Appellant does not have the right to appeal. See Dears v. State, 154 S.W.3d 610, 614-15 (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). Accordingly, we dismiss the appeal. Opinion delivered May 3, 2017. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (DO NOT PUBLISH) 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MAY 3, 2017 NO. 12-17-00129-CR DEZMOND HILL, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 114-1288-16) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
