Dwight Reegis Stevenson v. the State of Texas

NUMBER 13-24-00402-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

DWIGHT REEGIS STEVENSON, Appellant, v. THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 23RD DISTRICT COURT OF MATAGORDA COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Longoria, Tijerina, and Peña Memorandum Opinion by Justice Tijerina Appellant filed a notice of appeal attempting to appeal a judgment in trial court case number 24-023-108. We dismiss the appeal for want of jurisdiction.

Upon review of the documents filed, the trial court has certified that this “is a plea- bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).

On September 10, 2024, we ordered appellant’s counsel to review the record and determine whether appellant had a right to appeal. On September 16, 2024, appellant’s counsel responded concluding that appellant waived his right to appeal and otherwise does not have a right to appeal.

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed if the trial court’s certification does not show that the defendant has the right of appeal.

See id. R. 25.2(d), 37.1, and 44.3. Accordingly, this case is dismissed for want of jurisdiction. Furthermore, we grant counsel’s motion to withdraw. Within five days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion and this Court’s judgment to appellant and to advise him of his right to file a petition for discretionary review.1 See id. R. 48.4.

JAIME TIJERINA Justice Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the 3rd day of October, 2024.

1 No Substitute counsel will be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review of rile a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing or timely motion for en banc reconsideration that was overruled by this Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the Clerk of the Texas Court of Criminal Appeals. See id. R. 68.3.

Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See id. R. 68.4.