Connie Lynn Hodges 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. 09-10-00396-CR _________________ CONNIE LYNN HODGES, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 10-04-03413 CR ________________________________________________________________________ MEMORANDUM OPINION On August 20, 2010, the trial court sentenced Connie Lynn Hodges on a conviction for possession of a controlled substance. Hodges filed a notice of appeal on August 31, 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 provided the trial court s certification to the Court of Appeals and we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. The appellant 1 has not filed a response, but the clerk s record and the reporter s record have been filed. The records show that appellant pled guilty to an indictment without enhancement allegations and signed a waiver of her right to appeal, and that the State gave consideration for the waiver by acquiescing to the defendant s waiver of a jury trial. See Ex parte Broadway, 301 S.W.3d 694, 697 (Tex. Crim. App. 2009). The record does not contain a certification that shows the defendant has the right of appeal. See Tex. R. App. P. 25.2(d). Furthermore, the record does not show that the certification is defective. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Accordingly, we dismiss the appeal. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered November 3, 2010 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2
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