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Hearne v. State

Court of Appeals of Texas, Sixth District, Texarkana
Feb 2, 2010
No. 06-09-00219-CR (Tex. App. Feb. 2, 2010)

Opinion

No. 06-09-00219-CR

Date Submitted: February 1, 2010.

Date Decided: February 2, 2010. DO NOT PUBLISH.

On Appeal from the Sixth Judicial District Court, Lamar County, Texas, Trial Court No. 22950.

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


MEMORANDUM OPINION


Charles Laron Hearne has filed a notice of appeal from his convictions of delivery of a controlled substance, delivery of a controlled substance in a drug-free zone, and delivery of a simulated 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 plea agreement case and that Hearne 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 Hearne 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

Hearne v. State

Court of Appeals of Texas, Sixth District, Texarkana
Feb 2, 2010
No. 06-09-00219-CR (Tex. App. Feb. 2, 2010)
Case details for

Hearne v. State

Case Details

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

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

Date published: Feb 2, 2010

Citations

No. 06-09-00219-CR (Tex. App. Feb. 2, 2010)