Date: 10-03-2022

Case Style:

Markell Devork Gaines-Holmes v. The State of Texas

Case Number: 05-21-01001-CR

Judge:

Court:

Fifth Court of Appeals Dallas, Texas

On appeal from the 401st Judicial District Court of Collin County

Plaintiff's Attorney: John R. Rolater Jr.
Greg A. Willis

Defendant's Attorney:

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Description:

Dallas, Texas – Criminal Defense lawyer represented defendant with an
assault involving family violence charge.

Appellant then filed a notice of appeal. The district
clerk forwarded the notice, along with a copy of appellant’s plea bargain agreement,
the rule 25.2 certification of appellant’s right to appeal, and a copy of the judgment.
After reviewing those documents, we asked the parties for letter briefs addressing
how the Court had jurisdiction. On December 1, 2021, appointed counsel Jennifer
Castleman filed a motion to withdraw, stating that when she contacted appellant
about our letter, he told her he wanted her to withdraw from the case and ordered her
not to file any documents on his behalf. To date, the State has not responded.
Rule 25.2 governs the perfection of appeals in criminal cases and requires that
the trial court certify an appellant’s right to appeal. TEX. R. APP. P. 25.2(a)(2). Rule
25.2 also requires the recitations in a certification to be true and supported by the
record. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005)
(certification not supported by record is defective); Carender v. State, 155 S.W.3d
929, 930–31 (Tex. App.—Dallas 2005, no pet.).
Here, appellant signed a written plea bargain agreement in which the State
agreed to ten years of confinement, probated for five years in exchange for, among
other things, appellant pleading guilty and waiving his right to appeal. The plea
bargain agreement is signed by appellant, his appointed counsel, the representative
for the State, and the trial court. No pretrial motions were filed. The judgment states
this is a plea bargain agreement and under “special findings or orders” notes:
“APPEAL WAIVED. NO PERMISSION TO APPEAL GRANTED.” The trial court
certified (1) this is a plea-bargain case and appellant has no right to appeal and (2)
appellant waived his right to appeal.

Outcome: Both appellant and his trial counsel signed the certification. Because appellant waived his right to appeal, we have no other alternative than to dismiss this appeal.

Plaintiff's Experts:

Defendant's Experts:

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