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Richard Don Moore v. the State of Texas

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IN THE TENTH COURT OF APPEALS

CONCURRING AND DISSENTING OPINION

Austin, we have a problem.*fn1 In each of these proceedings, there is information in the record that is inconsistent with other information and casts doubt on the validity of the waivers of the right to appeal, or the correctness of the certifications of the right to appeal which, in each proceeding, indicate the defendants do not have the right to appeal. The question is: how do we proceed to develop each proceeding and dispose of the appeals? The easy thing to do is simply ignore the problems presented by the records and dismiss the appeals — all three; and there are many other similar proceedings. Before the problem was noted as a result of investigation into a related recurring issue, we have dismissed similar proceedings without a closer examination of the record. But having discovered the problem in these appeals, I cannot justifiably ignore it. See Dears v. State, 154 S.W.3d 610, 614-615 (Tex. Crim. App. 2005).

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