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Lewis Carl Hunt v. the State of Texas

Docket 03-26-00254-CR

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealDismissed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 3rd District (Austin)
Type
Lead Opinion
Disposition
Dismissed
Docket
03-26-00254-CR

Appeal from a conviction for murder following a plea-bargain in the 426th District Court of Bell County

Summary

The Texas Court of Appeals dismissed Lewis Carl Hunt’s appeal of his conviction for murder because the trial court certified that the case was resolved by a plea bargain and that Hunt waived his right to appeal. Under Texas appellate rules, when a defendant pleads guilty or no contest pursuant to a plea agreement and the trial court certifies no right to appeal (or the defendant waives appeal), the appellate court lacks jurisdiction to consider the appeal. The court therefore dismissed the appeal without reaching the merits.

Issues Decided

  • Whether the appellate court has jurisdiction to hear an appeal where the trial court certified the case is a plea-bargain case and the defendant waived the right of appeal
  • Whether dismissal is required under Texas Rule of Appellate Procedure 25.2 when the certification indicates no right to appeal

Court's Reasoning

The court relied on the trial court’s certification that the case was a plea-bargain matter and that the defendant waived appeal, which under the Texas Rules of Appellate Procedure removes the appellate court’s jurisdiction. Because the certification and waiver are determinative of the right to appellate review, the court could not proceed to consider the merits and therefore dismissed the appeal. The decision rested on applying the jurisdictional rule rather than addressing the underlying conviction.

Authorities Cited

  • Texas Rule of Appellate Procedure 25.2
  • Texas Penal Code § 19.02(c)

Parties

Appellant
Lewis Carl Hunt
Appellee
The State of Texas
Judge
Steven J. Duskie
Judge
Maggie Ellis

Key Dates

Decision date
2026-04-17

What You Should Do Next

  1. 1

    Consult criminal defense counsel

    Discuss whether there are any non-appeal remedies available, such as filing a state habeas application or federal habeas petition, based on potential constitutional issues.

  2. 2

    Request clarification or reconsideration if appropriate

    If there is a factual dispute about the voluntariness or scope of the waiver or certification, counsel might move in the trial court to correct the certification or seek leave to appeal.

  3. 3

    Evaluate deadlines for post-conviction relief

    Determine and preserve any statutory deadlines for filing state or federal habeas petitions or other collateral challenges to avoid forfeiting those options.

Frequently Asked Questions

What did the court decide?
The appellate court dismissed the appeal because the trial court certified it was a plea-bargain case and that the defendant waived the right to appeal, leaving the appellate court without jurisdiction.
Who is affected by this decision?
The decision affects Lewis Carl Hunt, who cannot pursue this appeal of his murder conviction under the certification and waiver.
Does this decision overturn the conviction?
No. The dismissal was jurisdictional and did not address or change the underlying conviction entered after the plea bargain.
Can Hunt still appeal or seek relief?
Potentially, Hunt could seek other post-conviction relief such as a writ of habeas corpus if statutory or constitutional grounds exist, but a direct appeal is barred by the certification and waiver.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN


                                      NO. 03-26-00254-CR


                                  Lewis Carl Hunt, Appellant

                                                v.

                                  The State of Texas, Appellee


               FROM THE 426TH DISTRICT COURT OF BELL COUNTY,
       NO. 23DCR87673, THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING


                            MEMORANDUM OPINION


               Appellant Lewis Carl Hunt seeks to appeal a judgment of conviction for murder.

See Tex. Penal Code § 19.02(c). The trial court has certified that (1) this is a plea-bargain case

and Hunt has no right of appeal, and (2) Hunt has waived the right of appeal. Accordingly, we

dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d).



                                              __________________________________________
                                              Maggie Ellis, Justice

Before Justices Triana, Kelly, and Ellis

Dismissed for Want of Jurisdiction

Filed: April 17, 2026

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