Clifton James Garley III v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledOctober 29, 2026
Docket13-26-00597-CR
StatusPublished
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Full Opinion
NUMBER 13-26-00597-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CLIFTON JAMES GARLEY III, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 24TH DISTRICT COURT
OF GOLIAD COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Silva
This cause is before the Court on its own motion. On August 26, 2026, appellant
filed a notice of appeal attempting to appeal a judgment of conviction in trial court cause
number 25-07-5513-CR. We dismiss the appeal for want of jurisdiction.
Upon review of the documents before us, the trial court certified that this is a plea
bargain case and appellant “has NO right of appeal” and that he “waived his right of
appeal.” See TEX. R. APP. P. 25.2(a)(2). On September 22, 2026, we ordered appellant’s
counsel to review the record and determine whether appellant had the right to appeal.
Appellant’s counsel responded to the Court’s order indicating appellant did not retain the
right to appeal. After examining and fully considering the record and documents before
us, we are of the opinion that appellant waived the right to appeal. See Carson v. State,
559 S.W.3d 489, 493 (Tex. Crim. App. 2018) (“A valid waiver will prevent the defendant
from appealing any issue unless the trial court consents to the appeal.”).
The Texas Rules of Appellate Procedure provide that an appeal must be dismissed
if the trial court’s certification does not show that the defendant has the right of appeal.
See TEX. R. APP. P. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of
jurisdiction. 1
CLARISSA SILVA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
29th day of October, 2026.
1 All pending motions are dismissed as moot.
2