Courtland Dewayne Lindsay v. State

NOS. 12-17-00361-CR 12-17-00362-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS COURTLAND DEWAYNE LINDSAY, § APPEALS FROM THE APPELLANT V. § COUNTY COURT AT LAW NO. 2 THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Courtland Dewayne Lindsay appeals from his convictions for indecent exposure. On December 5, 2017, Appellant’s counsel filed a memorandum with this Court, in which counsel states that Appellant filed waivers of appeal after sentencing, that the trial court accepted the waivers, and that the record contains no certification granting Appellant the right to appeal. Accordingly, counsel stated that the appeals must be dismissed. When the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal. 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[.]” Id. Accordingly, because the trial court did not grant Appellant the right to appeal his convictions, we dismiss the appeals. Opinion delivered December 13, 2017. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT DECEMBER 13, 2017 NO. 12-17-00361-CR COURTLAND DEWAYNE LINDSAY, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the County Court at Law No 2 of Smith County, Texas (Tr.Ct.No. 002-82633-16) 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. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT DECEMBER 13, 2017 NO. 12-17-00362-CR COURTLAND DEWAYNE LINDSAY, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the County Court at Law No 2 of Smith County, Texas (Tr.Ct.No. 002-82634-16) 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.