David Lynn Liles v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont _________________

NO. 09-12-00434-CR _________________

DAVID LYNN LILES, Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 11-12595 ________________________________________________________________________ MEMORANDUM OPINION

On September 4, 2012, the trial court sentenced David Lynn Liles on a conviction for theft. Liles filed a notice of appeal on September 19, 2012. The trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court’s certification to the Court of Appeals. On September 19, 2012, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. The appellant filed a response, but failed to establish that the trial court’s certification should be amended. Because the record does not contain a certification that shows the defendant has the right to appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

___________________________ HOLLIS HORTON Justice Opinion Delivered October 17, 2012

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.