Opinion
No. 06-09-00055-CR
Date Submitted: March 3, 2009.
Date Decided: March 4, 2009. DO NOT PUBLISH.
On Appeal from the 8th Judicial District Court Hopkins County, Texas, Trial Court No. 0719545.
Before MORRISS, C.J., CARTER and MOSELEY, JJ. Memorandum Opinion by Justice MOSELEY.
MEMORANDUM OPINION
James Russell Ishmael has filed a notice of appeal from his conviction on his plea of guilty pursuant to a plea bargain. He was convicted of a third offense of driving while intoxicated and sentenced to five years' imprisonment. Sentence was imposed on January 30, 2009, and his notice of appeal was filed on February 23, 2009. We have received a record containing a certification of right to appeal which indicates both that this is a plea-bargain case, and thus Ishmael has no right of appeal, and that he has waived his right of appeal. The record also contains a copy of the plea agreement, which is consistent with the sentence actually imposed. 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 Ishmael 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.