Sean Stark v. The State of Texas--Appeal from 168th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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SEAN STARK, ) No. 08-05-00312-CR

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Appellant, ) Appeal from

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v. ) 205th District Court

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THE STATE OF TEXAS, ) of El Paso County, Texas

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Appellee. ) (TC# 20050D01364)

MEMORANDUM OPINION

Sean Stark attempts to appeal a conviction for tampering with a governmental record. Finding that Appellant has no right of appeal, we dismiss the appeal.

After entering a negotiated plea of guilty, Appellant filed a timely notice of appeal, including the trial court s certification of the defendant s right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The trial court s certification reflects that the appeal is in a plea-bargain case, and the defendant has NO right of appeal. On October 13, 2005, the Clerk s Office notified Appellant s counsel that the certification reflects that Appellant has no right of appeal in this case and requested a response. Counsel filed a response on behalf of Appellant asserting that he intended to appeal the trial court s ruling on a special plea of double jeopardy raised by written motion and ruled on before trial. The trial court has not granted Appellant permission to appeal this issue. Further, Appellant filed the special plea of double jeopardy on the same day that he entered the guilty plea and there is no evidence that he obtained an adverse ruling on the plea. Consequently, we conclude that Appellant has no right of appeal. The appeal is dismissed.

December 8, 2005

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

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