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
M EMORANDUM 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. S ee T EX. R . A PP. P . 2 5.2(a)(2). The district clerk has provided the trial court’s certification to the Court of Appeals. On August 4 , 2 009, 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. S ee T EX. R . A PP. P . 25.2(d). Accordingly, we dismiss the appeal. APPEAL DISMISSED.
H OLLIS HORTON Justice Opinion Delivered August 26, 2009 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.