Reagan Eugene Porter v. The State of Texas

Tyler, TX - Criminal defense attorney represented Reagan Eugene Porter with a Poss of a Controlled Substance charge.

In an open plea, Reagan Eugene Porter pleaded "guilty” to possession of a controlled

substance. The trial court assessed punishment at fifteen years in prison. Appellant filed a

notice of appeal.

The clerk's record has been filed and contains a waiver of appeal signed by Appellant.

The trial court's certification states that this is a plea bargain case and Appellant 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). 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 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).

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