Automated Summary
Key Facts
On October 27, 2025, Leo Wayne Cover was sentenced for theft in Jefferson County, Texas, Trial Cause No. 23DCCR2232. Cover filed a notice of appeal on December 2, 2025. The trial court certified the case as a plea-bargain with no right of appeal. On January 21, 2026, the Ninth Court of Appeals notified parties the appeal would be dismissed unless Cover established the certification was incorrect. No parties responded, so the appeal was dismissed under Tex. R. App. P. 25.2(d), 43.2(f) due to lack of certification showing Cover has appeal rights.
Issues
The court dismissed the appeal because the trial court's certification indicated the defendant had no right to appeal in a plea-bargain case. No party established that the certification was incorrect.
Holdings
The Ninth Court of Appeals dismissed the appeal because the record lacks certification showing the appellant has the right of appeal. The trial court's certification stated the defendant had no right of appeal and waived the right of appeal, so the appeal was dismissed pursuant to Tex. R. App. P. 25.2(d), 43.2(f).
Remedies
The appellate court dismissed the appellant's appeal because the trial court's certification indicated the defendant had no right of appeal and waived that right, and no party responded to the court's notice to establish the certification was incorrect.
Legal Principles
Appeal dismissed due to lack of certification showing appellant has right of appeal in plea-bargain case under Tex. R. App. P. 25.2(d), 43.2(f)
Cited Statute
Texas Rules of Appellate Procedure
Judge Name
- Chief Justice Golemon
- Justice Chambers
- Justice Johnson
Passage Text
- The trial court's certification states that the case 'is a plea-bargain case, and the defendant has NO right of appeal[]' and 'the defendant has waived the right of appeal[]'
- On January 21, 2026, we notified the parties that we would dismiss the appeal unless the appellant established that the trial court certification was incorrect. None of the parties responded to the Court's notice. Because the record lacks certification that shows Cover has the right of appeal, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f).