Court of Civil Appeals of Texas, 2010

David John Blumen, III. v. State

David John Blumen, III. v. State
Court of Civil Appeals of Texas · Decided December 17, 2010

David John Blumen, III. v. State

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00225-CR ______________________________

DAVID JOHN BLUMEN, III, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 102nd Judicial District Court Bowie County, Texas Trial Court No. 10F0702-102

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION David John Blumen, III, has filed pro se a notice of appeal from his conviction of unlawful possession of a firearm by a felon. On our review of the clerk’s record, we noted that the trial court’s certification of right of appeal stated that this was a plea agreement case and that Blumen has no right of appeal.

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 Blumen 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.

Josh R. Morriss, III Chief Justice Date Submitted: December 16, 2010 Date Decided: December 17, 2010 Do Not Publish

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