Charles Edward Doyle v. The State of Texas--Appeal from 6th District Court of Lamar County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00027-CR ______________________________ CHARLES EDWARD DOYLE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 6th Judicial District Court Lamar County, Texas Trial Court No. 21782 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Charles Edward Doyle has filed a notice of appeal from his conviction on his negotiated plea agreement to the offense of assault-family violence, with a prior conviction for assault-family violence. See TEX . PENAL CODE ANN . ยงยง 22.01, 12.42 (Vernon Supp. 2007). We have now received the certification of Doyle's right of appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure. See TEX . R. APP . P. 25.2. That certification states that this "is a plea-bargain case, and the defendant has NO right of appeal." Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See TEX . R. APP . P. 25.2(d). Because the trial court's certification affirmatively shows Doyle has no right of appeal, and because the record before us does not reflect that the certification is incorrect, see Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal. We dismiss the appeal for want of jurisdiction. Bailey C. Moseley Justice Date Submitted: Date Decided: April 16, 2008 April 17, 2008 Do Not Publish 2
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