Freddie Lee Weathersby v. State

In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00354-CR ________________

FREDDIE LEE WEATHERSBY, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the Criminal District Court

Jefferson County, Texas Trial Cause No. 16-24000

__________________________________________________________________

MEMORANDUM OPINION

On August 9, 2016, the trial court sentenced Freddie Lee Weathersby1 on a conviction for possession of a controlled substance. Weathersby filed a notice of appeal on September 28, 2016. 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 September 30, 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.

________________________________

CHARLES KREGER

Justice Submitted on November 1, 2016 Opinion Delivered November 2, 2016 Do Not Publish Before Kreger, Horton, and Johnson, JJ.