DARRYL WAYNE OWEN v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Darryl Wayne Owen appeals a conviction rendered against him on August 3, 2017. Because the trial court's certificate of right of appeal that Owen signed indicates that the underlying criminal case was a plea bargain case and that Owen has no right to appeal, and also because it indicates that Owen waived his right to appeal, this appeal must be dismissed. See TEX. R. APP. P. 25.2(d) (“The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.”); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (plea bargain); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal).

Notwithstanding that we are dismissing this appeal, appellant may file a motion for rehearing with this Court within 15 days after this opinion and judgment are rendered if appellant believes this opinion and judgment are erroneously based on inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if the appellant desires to have the opinion and judgment of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court's judgment is rendered or the day the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).

For the reasons stated, this appeal is dismissed.

Appeal dismissed

[CR 25]

TOM GRAY Chief Justice