Enus Lewis v. The State of Texas Appeal from 241st District Court of Smith County (memorandum opinion per curiam)

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NO. 12-19-00293-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ENUS LEWIS, APPELLANT § APPEAL FROM THE 241ST V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Enus Lewis appeals from his conviction for assault on a public servant. The trial court’s certification of Appellant’s right to appeal states that this is a plea-bargain case and Appellant has no right of appeal. The certification is signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). The clerk’s record also contains a waiver of appeal signed by Appellant and his counsel. When the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal. 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 (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). Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal. Opinion delivered September 11, 2019. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT SEPTEMBER 11, 2019 NO. 12-19-00293-CR ENUS LEWIS, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241-0172-19) 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.

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