Paul Anthony Ashford, Jr. v. the State of Texas

NOS. 12-24-00143-CR
12-24-00144-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PAUL ANTHONY ASHFORD, JR., § APPEAL FROM THE 87TH
APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS,
APPELLEE § ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

Paul Anthony Ashford, Jr. pleaded “guilty” to indecency with a child by sexual contact
and aggravated sexual assault of a child as a lesser included offense of sex abuse of a child,
continuous victim under fourteen. In accordance with the agreed punishment recommendation,
the trial court sentenced Appellant to twenty years in prison for the indecency offense and thirty
years in prison for aggravated sexual assault. Appellant appealed.
The clerk’s record has been filed and the trial court’s certifications state that this is a plea
bargain case, and the defendant has no right of appeal. The certifications are signed by
Appellant and his counsel. See TEX. R. APP. P. 25.2(d). 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 certifications appear to accurately state that these are
plea bargain cases and Appellant has no 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 appeals.

Opinion delivered June 12, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

2
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 12, 2024

NO. 12-24-00143-CR

PAUL ANTHONY ASHFORD, JR.,
Appellant
V.
THE STATE OF TEXAS,
Appellee

Appeal from the 87th District Court
of Anderson County, Texas (Tr.Ct.No. 87CR-22-35663)

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

JUNE 12, 2024

NO. 12-24-00144-CR

PAUL ANTHONY ASHFORD, JR.,
Appellant
V.
THE STATE OF TEXAS,
Appellee

Appeal from the 87th District Court
of Anderson County, Texas (Tr.Ct.No. 87CR-22-35692)

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