Nathan Lee Wenzel v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-16-00315-CR ____________________

NATHAN LEE WENZEL, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 258th District Court Polk County, Texas

Trial Cause No. 24,626 ________________________________________________________ _____________ MEMORANDUM OPINION

On May 13, 2016, the trial court sentenced Nathan Lee Wenzel on a conviction for theft. Wenzel filed a notice of appeal on September 6, 2016. The trial court signed a certification, certifying that this is a plea-bargain case and that the defendant did not have a right to appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk provided the trial court’s certification to the Court of Appeals.

On September 6, 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 trial court’s certification shows the defendant does not have the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on October 4, 2016

Opinion Delivered October 5, 2016

Do Not Publish

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