Timmie Ray Rogers v. The State of Texas--Appeal from 410th District Court of Montgomery County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00105-CR _________________ TIMMIE RAY ROGERS, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 09-08-08069 CR _____________________________________________________________________ MEMORANDUM OPINION On December 14, 2009, the trial court sentenced Timmie Ray Rogers on a conviction for unlawful possession of a firearm by a felon. Rogers filed a notice of appeal on January 29, 2010. 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 TEX. R. APP. P. 25.2(a)(2). The district clerk has provided the trial court s certification to the Court of Appeals. On March 8, 2010, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. No response has been filed. Because the record does 1 not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See TEX. R. APP. P. 25.2(d). Accordingly, we dismiss the appeal. APPEAL DISMISSED. ________________________________ DAVID GAULTNEY Justice Opinion Delivered April 7, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2

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