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Blumen v. State

Court of Appeals of Texas, Sixth District, Texarkana
Dec 17, 2010
No. 06-10-00224-CR (Tex. App. Dec. 17, 2010)

Opinion

No. 06-10-00224-CR

Date Submitted: December 16, 2010.

Date Decided: December 17, 2010. DO NOT PUBLISH.

On Appeal from the 102nd Judicial District Court Bowie County, Texas, Trial Court No. 09F0218-102.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.


MEMORANDUM OPINION


David John Blumen, III, has filed pro se a notice of appeal from his conviction of possession of a controlled substance. On our review of the clerk's record, we noted that the trial court's certification of right of appeal stated that this was a negotiated plea agreement case and that Blumen has no right of appeal. Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See TEX. R. APP. P. 25.2(d). Because the trial court's certification affirmatively shows Blumen has no right of appeal, and because the record before us does not reflect that the certification is incorrect, see Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal. We dismiss the appeal for want of jurisdiction.


Summaries of

Blumen v. State

Court of Appeals of Texas, Sixth District, Texarkana
Dec 17, 2010
No. 06-10-00224-CR (Tex. App. Dec. 17, 2010)
Case details for

Blumen v. State

Case Details

Full title:DAVID JOHN BLUMEN, III, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Dec 17, 2010

Citations

No. 06-10-00224-CR (Tex. App. Dec. 17, 2010)

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