David Kent Fitch v. the State of Texas

NO. 12-23-00135-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DAVID KENT FITCH, § APPEAL FROM THE 475TH
APPELLANT
§ DISTRICT COURT
V.
§ SMITH COUNTY, TEXAS
THE STATE OF TEXAS,
APPELLEE

MEMORANDUM OPINION
PER CURIAM

Pursuant to a plea bargain agreement, David Kent Fitch pleaded “guilty” to evading arrest
or detention with a vehicle, charged as a habitual offense. In accordance with the agreed
punishment recommendation, the trial court sentenced Appellant to fifty-five years in prison.
Appellant appealed.
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. The certification is signed by Appellant
and his counsel. See TEX. R. APP. P. 25.2(d). Appellant also signed a waiver of 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. 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 his conviction, we dismiss the appeal.
Opinion delivered June 30, 2023.
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(DO NOT PUBLISH)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 30, 2023

NO. 12-23-00135-CR

DAVID KENT FITCH,
Appellant
V.
THE STATE OF TEXAS,
Appellee

Appeal from the 475th District Court
of Smith County, Texas (Tr.Ct.No. 475-0038-23)

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