Court of Civil Appeals of Texas, 2023

Douglas Eugene Miles v. the State of Texas

Douglas Eugene Miles v. the State of Texas
Court of Civil Appeals of Texas · Decided June 28, 2023

Douglas Eugene Miles v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00139-CR __________________ DOUGLAS EUGENE MILES, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F20-33734 __________________________________________________________________ MEMORANDUM OPINION On April 25, 2023, the trial court sentenced Douglas Eugene Miles on an indictment for driving while intoxicated. The trial court signed a certification that this is a plea-bargain case, and the defendant has no right of appeal, and that the defendant has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). On May 8, 2023, Miles filed a notice of appeal pro se. The trial court appointed counsel to represent Miles on appeal. The District Clerk provided the certification to the Court of Appeals.

On May 11, 2023, we notified the parties that we would dismiss the appeal unless the appellant established the certification was incorrect. We granted an extension of time to file a response, but the appellant did not file a written response on or before the due date of June 9, 2023. Since the record lacks a certification saying that Miles has the right of appeal, we dismiss the appeal. See Tex. R. App. P. 25.2(d).

APPEAL DISMISSED.

PER CURIAM Submitted on June 27, 2023 Opinion Delivered June 28, 2023 Do Not Publish Before Golemon, C.J., Johnson and Wright, JJ.

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