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Hicks v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 31, 2010
No. 09-10-00060-CR (Tex. App. Mar. 31, 2010)

Opinion

No. 09-10-00060-CR

Opinion Delivered March 31, 2010. DO NOT PUBLISH.

On Appeal from the 221st District Court, Montgomery County, Texas Trial Cause No. 09-06-05376-CR.

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


MEMORANDUM OPINION


On January 13, 2010, the trial court sentenced George Lorraine Hicks Jr. on a conviction for driving while intoxicated. Hicks filed a notice of appeal on February 3, 2010. 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 February 18, 2010, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. No response has been filed. The appellant filed a response but failed to establish that the trial court's certification should be amended. Because the record does not contain a certification that shows 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

Hicks v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 31, 2010
No. 09-10-00060-CR (Tex. App. Mar. 31, 2010)
Case details for

Hicks v. State

Case Details

Full title:GEORGE LORRAINE HICKS, JR., Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 31, 2010

Citations

No. 09-10-00060-CR (Tex. App. Mar. 31, 2010)