Unreported / Non-Citable
Background
Javonda Joszell Lewis was sentenced on June 3, 2026, in Trial Cause Number 26-01-01382. Following the sentencing, Lewis filed a notice of appeal on June 17, 2026. However, the trial court issued a certification, signed on the same day as the sentencing, stating that Lewis “has waived the right of appeal.”
Upon receiving the notice of appeal and the trial court’s certification, the Ninth Court of Appeals notified all parties on June 22, 2026. The notice indicated that the appeal would be dismissed unless the appellant, Lewis, could establish that the trial court’s certification of waiver was incorrect.
The Court’s Holding
The Court of Appeals dismissed Lewis’s appeal. This decision was made because none of the parties responded to the court’s notice regarding the trial court’s certification of waiver. Consequently, the appellate record lacked any evidence or certification demonstrating that Lewis possessed the right to appeal.
The court based its dismissal on Texas Rule of Appellate Procedure 25.2(d), which addresses the requirement for a valid certification of the right to appeal, and Rule 43.2(f), which governs the disposition of an appeal that lacks such a certification. Because Lewis failed to challenge the trial court’s certification that she waived her right to appeal, the appellate court concluded it had no basis to proceed with the appeal.
Key Takeaways
- An appeal will be dismissed if the trial court has certified that the defendant waived their right to appeal, and this certification is not successfully challenged.
- The burden lies with the appellant to demonstrate that the trial court’s certification of a waiver of appeal is incorrect.
- Failure to respond to an appellate court’s notice concerning a potential dismissal based on a waiver certification can lead to the appeal’s dismissal.
Why It Matters
This case underscores the critical importance of procedural compliance in Texas appellate practice, particularly concerning the right to appeal in criminal cases. It highlights that a trial court’s certification regarding a defendant’s waiver of appeal rights is a significant hurdle that must be addressed promptly and effectively by the appellant.
For attorneys, it serves as a reminder to meticulously review the trial court’s certifications and, if necessary, to actively challenge any certifications that incorrectly state a waiver of appeal. Failure to do so, as seen here, can result in the swift dismissal of an appeal, preventing any review of the merits of the case.