Opinion
No. 06-11-00212-CR
01-05-2012
BRIAN CHADWICK MARTIN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 1122188
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Brian Chadwick Martin has filed a notice of appeal. We have now received the certification of Martin's right of appeal as required by TEX. R. APP. P. 25.2. That certification states that Martin waived his 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 that Martin has waived his 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.
Martin has also filed a motion to dismiss his appeal. The motion is signed by Martin and by his counsel in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). As authorized by Rule 42.2, we grant the motion. See TEX. R. APP. P. 42.2.
We dismiss the appeal.
Jack Carter
Justice
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