Dorian Terell Watkins v. the State of Texas

NO. 12-24-00238-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DORIAN TERELL WATKINS, § APPEAL FROM THE 114TH
APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS,
APPELLEE § SMITH COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

Dorian Terell Watkins pleaded “guilty” to manufacture/delivery of a controlled
substance. In accordance with the agreed punishment recommendation, the trial court sentenced
Appellant to thirty years in prison. Appellant filed a pro se notice of appeal.
The clerk’s record has been filed and the trial court’s certification states that this is a plea
bargain case and the defendant has no right of appeal, and that Appellant waived the right of
appeal. The certification is signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d).
Appellant also signed a waiver of appeal. The clerk’s record does not otherwise indicate that the
trial court gave Appellant permission to appeal.
When the defendant is the appellant, the record must include the trial court’s certification
of the defendant’s right of appeal. Id. This Court must dismiss an appeal “if a certification that
shows the defendant has the right of appeal has not been made part of the record.” Id. Based on
our review of the record, the trial court’s certification appears to accurately state that this is a
plea bargain case and Appellant has no right to appeal, and that Appellant waived the right to
appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of
appeals should review record to determine whether trial court’s certification is accurate).
Because the trial court did not grant Appellant the right to appeal, we dismiss the appeal.

Opinion delivered September 30, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Bass, Retired J., Twelfth Court of Appeals, sitting by assignment.

(DO NOT PUBLISH)

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 30, 2024

NO. 12-24-00238-CR

DORIAN TERELL WATKINS,
Appellant
V.
THE STATE OF TEXAS,
Appellee

Appeal from the 114th District Court
of Smith County, Texas (Tr.Ct.No. 114-1891-22)

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 Bass, Retired J., Twelfth Court of Appeals,
sitting by assignment.