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IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

T YLER, TEXAS

MICHAEL RAY TIMMONS

, APPELLANT

V.

THE STATE OF TEXAS

, APPELLEE §

§

§ APPEAL FROM THE 7TH

JUDICIAL DISTRICT COURT

SM ITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Michael Ray Timmon s pleaded “ guil ty ” to aggravated kidnap p ing

, a ssault fami ly

viol ence , and sexual assault , all enhanced by prior convict ions, and the trial court sentenced him

to thirty years in prison for each offense, to run concurrently

. Appellant appeal ed

.

T he clerk ’ s record h as been filed and each of t he trial c our t ’ s certificat i on s state that th ese

are plea bargain case s and th e d efendant has no right of appeal

. The certification s are signed by

Appel lant and his counsel. See T EX

. R. A PP

. P. 25.2(d)

. Appellant also signed a waiver of

appeal in each case

.

When the defendant is th e app ellant, the record must include the trial court ’ s certification

of the defendant ’ s right of appeal. Id

. This Court must d ismiss an appeal “if a certification that

sho w s th e defendant has the right of appeal has not been made p art of t he record.” Id

. Base d on

our review of the record

, the tri al court’s certification s a ppear to accurately state that these are

plea bargain ca ses and Appellant waived his right to appeal. See Dea rs v. St ate , 154 S

. W.3d 610

(T ex. Crim. App. 20 05) (holding that court of appeals should rev iew clerk’s record to d etermine2 whether trial court’s certifi cation is accurate). Because the trial court did not grant Appellant the

right to appeal his conviction s , we dismiss the a p peal s

. Opinion delivered October 31 , 2022

. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 31 , 2022

NO. 12

- 22

- 00242

- CR

MICHAEL RAY TIMMONS

, Ap pellant

V.

THE STATE OF TEXAS

, Appellee

Appeal from the 7th District Court

of Smith County, Texas ( Tr.Ct.No. 007

- 0836

- 21 )

THIS CAUSE came to be heard o n the appellate record; and t he same being

cons idered, it is the opinion of this Court that this appea l shou ld be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this C ourt t hat

this appeal b e, and the same is, here by dismissed ; and that this d ecision be certified to the c ourt

below for obs ervance.

By per curiam opinion

. Panel consisted of Wort hen, C.J., Hoyle, J. and Neeley, J

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 31 , 2022

NO. 12

- 22

- 0024 3

- CR

MICHAEL RAY TIMMONS

, Appellant

V.

THE STATE OF TEXAS

, Appellee

Appeal from the 7th District Court

of Smith County, Texas (Tr.Ct.No. 007

- 083 7

- 21 )

THIS CAUSE came to be heard o n the appellate record; and t he same being

cons idered, it is the opinion of this Court that this appeal shou ld be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this C ou rt t hat

this appeal be, and the same is, here by dismissed ; and that this d ecision be certified to the c ourt

below for obs ervance.

By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

## COURT OF APPEALS

TWELFTH COURT OF APPE ALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 31 , 2022

NO. 12

- 22

- 0024 4

- CR

MICHAEL RAY TIMMONS

, Appell ant

V.

THE STATE OF TEXAS

, Appellee

Appeal from the 7th District Court

of Smith County, Texas (Tr.Ct.No. 007

- 083 8

- 21 )

THIS CAUSE came to be heard o n the appellate record; and t he same being

cons id ered, it is the opinion of this Court that this appeal sh ou ld be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this C ourt t hat

this appeal be, and the same is, here by dismissed ; and that this d ecisi on be certified to the c ourt

below for obs er vance.

By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

.