Opinion
No. 06-11-00146-CR
08-03-2011
VIRGLE WAYNE GRANBERRY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Sixth Judicial District Court
Lamar County, Texas
Trial Court No. 23820
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Virgle Wayne Granberry has filed a pro se notice of appeal from his conviction for aggravated sexual assault of a disabled person. 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 plea agreement case and that Granberry 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 Granberry 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.
Josh R. Morriss, III
Chief Justice
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