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Weatherly v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-09-00341-CR (Tex. App. Aug. 26, 2009)

Opinion

No. 09-09-00341-CR

Opinion Delivered August 26, 2009. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 09-06232.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.


MEMORANDUM OPINION


On June 1, 2009, the trial court sentenced John M. Weatherly on a conviction for assault on a family member. Weatherly filed a notice of appeal on July 28, 2009. The trial court entered a certification of the defendant's right to appeal in which the 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). The district clerk has provided the trial court's certification to the Court of Appeals. On July 30, 2009, we notified the parties that we would dismiss the appeal. The appellant filed a response but failed to establish that the trial court's certification should be amended. Because the certification does not show 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.


Summaries of

Weatherly v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-09-00341-CR (Tex. App. Aug. 26, 2009)
Case details for

Weatherly v. State

Case Details

Full title:JOHN M. WEATHERLY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 26, 2009

Citations

No. 09-09-00341-CR (Tex. App. Aug. 26, 2009)