David Carl Smith v. State

In The Court of Appeals Ninth District of Texas at Beaumont

________________ NO. 09-16-00069-CR ________________

DAVID CARL SMITH, Appellant V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause Nos. 15-21275, 16-23974

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MEMORANDUM OPINION

On January 12, 2016, the trial court sentenced David Carl Smith on a conviction for reckless manslaughter. Smith filed a notice of appeal on March 2, 2016. 1 The district clerk has provided the trial court’s certification to the Court of Appeals. The trial 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).

On March 24, 2016, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. No response has been filed. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice Submitted on April 19, 2016 Opinion Delivered April 20, 2016 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.