Lewis Carl Hunt v. the State of Texas
Docket 03-26-00254-CR
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 3rd District (Austin)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- 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
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
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
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
Do Not Publish