Joseph Karl Barker a/k/a Joe Barker a/k/a Joseph K. Barker v. The State of Texas--Appeal from Criminal District Court of Jefferson County

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Download PDF In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-09-00357-CR ____________________ JOSEPH KARL BARKER a/k/a JOE BARKER a/k/a JOSEPH K. BARKER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 09-05811 MEMORANDUM OPINION On July 6, 2009, the trial court sentenced Joseph Karl Barker a/k/a Joe Barker a/k/a Joseph K. Barker on a conviction for burglary of a habitation. Barker filed a notice of appeal on July 29, 2009. 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 T EX. R. A PP. P. 25.2(a)(2). The district clerk has provided the trial court s certification to the Court of Appeals. On August 4, 2009, we notified the parties that we 1 would dismiss the appeal unless the appellant established grounds for continuing the appeal. No response has been filed. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See T EX. R. A PP. P. 25.2(d). Accordingly, we dismiss the appeal. APPEAL DISMISSED. HOLLIS HORTON Justice Opinion Delivered August 26, 2009 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2