From Casetext: Smarter Legal Research

Smith v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jun 13, 2008
No. 06-08-00110-CR (Tex. App. Jun. 13, 2008)

Opinion

No. 06-08-00109-CR

Date Submitted: June 12, 2008.

Date Decided: June 13, 2008. DO NOT PUBLISH.

On Appeal from the 5th Judicial District Court, Bowie County, Texas, Trial Court No. 06F0743-005.

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


MEMORANDUM OPINION


Lee Vert Smith attempts to appeal his conviction for aggravated sexual assault of a child. Smith entered into a plea agreement and was sentenced in accordance therewith to twenty-five years' imprisonment. The record contains a certification from the trial court that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2. 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 Smith 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. Accordingly, we dismiss the appeal for want of jurisdiction.


Summaries of

Smith v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jun 13, 2008
No. 06-08-00110-CR (Tex. App. Jun. 13, 2008)
Case details for

Smith v. State

Case Details

Full title:LEE VERT SMITH, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 13, 2008

Citations

No. 06-08-00110-CR (Tex. App. Jun. 13, 2008)