James Hayden Morgan v. The State of Texas Appeal from 435th District Court of Montgomery County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00282-CR NO. 09-17-00283-CR ____________________ JAMES HAYDEN MORGAN, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause Nos. 17-01-00872-CR & 17-02-01989-CR ________________________________________________________________________ MEMORANDUM OPINION On June 29, 2017, the trial court sentenced James Hayden Morgan on convictions for burglary of a habitation and arson. Morgan filed a notice of appeal on July 20, 2017. In each case, the trial court signed a certification 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 certifications to the Court of Appeals. On August 22, 2017, we notified the parties 1 that we would dismiss the appeals unless the appellant established that the certifications are incorrect. The appellant filed a response but failed to establish that the trial court’s certifications should be amended. Because the trial court’s certifications show the defendant does not have the right of appeal, we must dismiss the appeals. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeals. APPEALS DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on September 26, 2017 Opinion Delivered September 27, 2017 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2

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