Unreported / Non-Citable
Background
Tiffany Andrews was indicted for tampering with physical evidence in Hardin County. The trial court sentenced her on May 20, 2026.
Andrews filed a notice of appeal in June 2026. The trial court’s certification stated that the prosecution was a plea-bargain case in which Andrews had no right of appeal and that she had waived her right to appeal.
The Ninth Court of Appeals notified the parties that it would dismiss the appeal unless Andrews established that the certification was incorrect. Although the court extended the response deadline, Andrews filed no written response by August 12, 2026.
The Court’s Holding
The court dismissed Andrews’s appeal because the record contained no trial-court certification showing that she had a right to appeal. The existing certification instead stated both that the plea-bargain case afforded no right of appeal and that Andrews had waived appellate review.
Because Andrews did not demonstrate that the certification was incorrect, the court concluded dismissal was required under Texas Rules of Appellate Procedure 25.2(d) and 43.2(f).
Key Takeaways
- A Texas criminal appeal may be dismissed when the record lacks a trial-court certification establishing the defendant’s right to appeal.
- The certification stated that Andrews had no right of appeal under her plea bargain and had waived appellate review.
- Andrews did not respond by the extended deadline to show that the certification was incorrect.
Why It Matters
The decision underscores that a criminal defendant seeking appellate review after a plea bargain must address a certification stating that no right of appeal exists. A notice of appeal alone did not overcome the trial court’s certification here.