Brandon Eugene Washington v. State
Brandon Eugene Washington v. State
Opinion
In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00033-CR ______________________________
BRANDON EUGENE WASHINGTON, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the Sixth Judicial District Court Lamar County, Texas Trial Court No. 22385
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter MEMORANDUM OPINION Brandon Eugene Washington has filed a notice of appeal for his conviction on his plea of guilty pursuant to a negotiated plea agreement to the offense of aggravated robbery. Washington was sentenced to ten years' imprisonment in accordance with that agreement.
We have now received the clerk's record in this appeal. That record contains a certification of Washington's right of appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure.
See TEX . R. APP . P. 25.2. The certification states this "is a plea-bargain case, and the defendant has NO right of appeal" and is signed by Washington and his trial counsel.
Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See TEX . R. APP . P. 25.2(d). Because the trial court's certification affirmatively shows Washington has no right of appeal, and because the record before us does not reflect that the certification is incorrect, see Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
Jack Carter Justice Date Submitted: March 18, 2008 Date Decided: March 19, 2008 Do Not Publish
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