Unreported / Non-Citable
Background
James Brandon Bartels appealed a judgment of conviction from the 19th District Court of McLennan County, Texas. His sentence was imposed on July 22, 2026, and he filed his appeal the following day.
Bartels’s counsel later moved to dismiss the appeal. Counsel explained that the clerk’s record, filed in the appellate court on October 1, 2026, showed that Bartels, his trial counsel, and the trial court had signed a waiver of Bartels’s right to appeal on July 27, 2026.
The Court’s Holding
The Texas Tenth Court of Appeals reviewed the clerk’s record and found that it supported counsel’s representation concerning Bartels’s waiver of his appellate rights.
The court granted Bartels’s motion and dismissed the appeal. The memorandum opinion was designated “Do not publish.”
Key Takeaways
- The appellate record confirmed that Bartels had signed a waiver of his right to appeal.
- The waiver was also signed by Bartels’s trial counsel and the trial court.
- The court granted Bartels’s motion to dismiss and dismissed the criminal appeal.
Why It Matters
The decision illustrates that an appellate court may dismiss a criminal appeal at the appellant’s request when the record confirms a signed waiver of appellate rights.