In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00026-CR
RHONDA JEAN FARMER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th District Court
Gregg County, Texas
Trial Court No. 42604-A
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Rhonda Jean Farmer was convicted by a Gregg County jury of theft of stolen property
having a value greater than or equal to $1,500.00, but less than $20,000.00. After the jury
returned its guilty verdict, Farmer and the State entered into a post-conviction negotiated plea
agreement recommending a sentence of two years’ incarceration in a state jail facility, suspended
for a term of four years’ community supervision. The trial court accepted the post-conviction
negotiated plea agreement and sentenced Farmer in accordance with the terms of that agreement.
As a part of her agreement with the State, Farmer waived, among other things, her right to file an
appeal. Notwithstanding that waiver, Farmer filed a notice of appeal.
On our review of the clerk’s record, we noted that the trial court certified that Farmer had
waived her right of appeal. By letter dated May 16, 2014, we informed Farmer of this potential
jurisdictional defect and afforded her ten days in which to respond. We received no response
from Farmer to our May 16 correspondence.
Rule 25.2(d) of the Texas Rules of Appellate Procedure states that an “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.” TEX. R. APP. P. 25.2(d). Because the trial court’s
certification indicates that Farmer waived her right of appeal and because the record before us
contains nothing to suggest that the certification is incorrect, see Dears v. State, 154 S.W.3d 610,
615 (Tex. Crim. App. 2005), we must dismiss this appeal. See TEX. R. APP. P. 25.2(d).
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We dismiss the appeal for want of jurisdiction.
Jack Carter
Justice
Date Submitted: June 4, 2014
Date Decided: June 5, 2014
Do Not Publish
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