Darian Wayne Gutierez v. The State of Texas--Appeal from Criminal District Court of Jefferson County (majority)
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00615-CR _________________ DARIAN WAYNE GUTIEREZ, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 11-11287 ________________________________________________________________________ MEMORANDUM OPINION On September 28, 2011, the trial court sentenced Darian Wayne Gutierez on a conviction for burglary of a building. Gutierez filed a notice of appeal on October 18, 2011. 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 November 1, 2011, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the 1 appeal. The appellant filed a response but failed to establish that the trial court s certification should be amended. Because the record does 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. ___________________________ HOLLIS HORTON Justice Opinion Delivered November 30, 2011 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2
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