James Hilton Bond, Jr. v. The State of Texas--Appeal from 276th District Court of Marion County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00168-CR

______________________________

JAMES HILTON BOND, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 276th Judicial District Court

Marion County, Texas

Trial Court No. F13711

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

James Hilton Bond, Jr., appeals from his conviction by the trial court on his plea of guilty to two counts of aggravated robbery. The trial court sentenced Bond to fifty years' imprisonment on each count, to run concurrently. We dismiss Bond's appeal for want of jurisdiction.

The trial court filed a certification, in accordance with Rule 25.2(a)(2), that this case "is a plea-bargain case, and the defendant has NO right of appeal." Rule 25.2(a)(2) states, in pertinent part:

(2) . . . A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order.

Tex. R. App. P. 25.2(a)(2). If a certification showing that the appellant has the right to appeal is not made a part of the appellate record, we must dismiss the case unless the record affirmatively indicates that the appellant may have the right to appeal. Tex. R. App. P. 25.2(d); see Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); Dears v. State, 154 S.W.3d 610, 612 (Tex. Crim. App. 2005). We have examined the clerk's record to determine whether the trial court's certification is defective. See Dears, 154 S.W.3d at 613. Nothing in the record indicates the certification is defective. This Court lacks jurisdiction over this appeal.

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: August 31, 2006

Date Decided: September 1, 2006

Do Not Publish