Lesley Shillings v. The State of Texas--Appeal from 252nd District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00066-CR _________________ LESLEY SHILLINGS, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 07-02384 ________________________________________________________________________ MEMORANDUM OPINION On January 10, 2011, the trial court sentenced Lesley Shillings on a conviction for possession of a prohibited substance in a correctional facility. Shillings filed a notice of appeal on February 9, 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 waived the 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 February 15, 2011, we notified the parties that we would dismiss the appeal unless the appellant established grounds for 1 continuing the 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 ________________________________ HOLLIS HORTON Justice Opinion Delivered April 13, 2011 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2

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