IN THE
TENTH COURT OF APPEALS
No. 10-18-00308-CR
CHRISTOPHER L. ATHEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2017-1862-C2
MEMORANDUM OPINION
Christopher L. Athey appeals from the judgment of conviction and sentence
rendered against him on August 31, 2018. Citing Texas Rule of Appellate Procedure
25.2(a)(2), Athey states in his pro se notice of appeal that even though he accepted a plea
bargain, he plans to appeal those matters that he raised by written motion filed and ruled
on before trial. See TEX. R. APP. P. 25.2(a)(2). Athey, however, has waived the right of
appeal, including “appealing matters raised by written motion prior to trial.”
Furthermore, because the trial court’s certification of his right of appeal, which Athey
signed, indicates that the underlying case was a plea-bargain case and that Athey has no
right of appeal and also that Athey has waived his right of appeal, this appeal must be
dismissed. See id. R. 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.”); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal).
Notwithstanding that we are dismissing this appeal, Athey may file a motion for
rehearing with this Court within 15 days after this opinion and judgment are rendered if
he believes this opinion and judgment are erroneously based on inaccurate information
or documents. See TEX. R. APP. P. 49.1. Moreover, if Athey 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 id. R. 68.2(a).
For the reasons stated, this appeal is dismissed.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed November 7, 2018
Do not publish
[CR25]
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