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Hearne v. State

Court of Appeals of Texas, Sixth District, Texarkana
Feb 24, 2010
No. 06-09-00220-CR (Tex. App. Feb. 24, 2010)

Opinion

No. 06-09-00220-CR

Submitted: February 23, 2010.

Decided: February 24, 2010. DO NOT PUBLISH.

On Appeal from the 6th Judicial District Court, Lamar County, Texas, Trial Court No. 20502.

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


MEMORANDUM OPINION


Charles Hearne has filed a notice of appeal from the revocation of his community supervision. We have now received the certification of Hearne's right of appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 25.2. That certification states that Hearne waived his 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 that Hearne has waived his 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

Hearne v. State

Court of Appeals of Texas, Sixth District, Texarkana
Feb 24, 2010
No. 06-09-00220-CR (Tex. App. Feb. 24, 2010)
Case details for

Hearne v. State

Case Details

Full title:CHARLES HEARNE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 24, 2010

Citations

No. 06-09-00220-CR (Tex. App. Feb. 24, 2010)