NOS. 12-22-00242-CR

12-22-00243-CR

12-22-00244-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL RAY TIMMONS, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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APPEAL FROM THE 7TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Michael Ray Timmons pleaded “guilty” to aggravated kidnapping, assault family 

violence, and sexual assault, all enhanced by prior convictions, and the trial court sentenced him 

to thirty years in prison for each offense, to run concurrently. Appellant appealed.

The clerk’s record has been filed and each of the trial court’s certifications state that these

are plea bargain cases and the defendant has no right of appeal. The certifications are signed by 

Appellant and his counsel. See TEX. R. APP. P. 25.2(d). Appellant also signed a waiver of 

appeal in each case. 

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 these are 

plea bargain cases and Appellant waived his 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 
2

whether trial court’s certification is accurate). Because the trial court did not grant Appellant the 

right to appeal his convictions, we dismiss the appeals.

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(DO NOT PUBLISH)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,

Appellant

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 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
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 31, 2022

NO. 12-22-00243-CR

MICHAEL RAY TIMMONS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 7th District Court

of Smith County, Texas (Tr.Ct.No. 007-0837-21)

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
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 31, 2022

NO. 12-22-00244-CR

MICHAEL RAY TIMMONS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 7th District Court

of Smith County, Texas (Tr.Ct.No. 007-0838-21)

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.