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Timothy Robin Nelson, Jr. v. The State of Texas

Date: 01-14-2019

Case Number: 12-18-00332-CR

Judge: By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

Court: COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Plaintiff's Attorney: Mr. Michael J. West

Defendant's Attorney:

Description:






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Timothy Robin Nelson, Jr. appeals from his conviction for possession of marijuana in an amount less than two ounces, to which he pleaded “guilty” and received a sentence of 150 days in county jail with credit for time served. According to the trial court’s certification, Appellant “entered a plea of guilty or nolo contender to the criminal charge and the Court did not exceed the punishment recommendation between the states attorney and the defendant, therefore the defendant has NO right to appeal.” The certification further states that Appellant waived the right to appeal. The certification was signed by Appellant and his counsel. See TEX. R. APP. P. 25.2(d). 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 clerk’s record, the trial court’s certification appears to accurately state that Appellant does not have the right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether trial court’s certification is accurate).
Outcome:
Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Timothy Robin Nelson, Jr. v. The State of Texas?

The outcome was: Because the trial court did not grant Appellant the right to appeal his conviction, we dismiss the appeal.

Which court heard Timothy Robin Nelson, Jr. v. The State of Texas?

This case was heard in COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS, TX. The presiding judge was By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J..

Who were the attorneys in Timothy Robin Nelson, Jr. v. The State of Texas?

Plaintiff's attorney: Mr. Michael J. West. Defendant's attorney: .

When was Timothy Robin Nelson, Jr. v. The State of Texas decided?

This case was decided on January 14, 2019.