Michael Dusharme v. The State of Texas--Appeal from Criminal District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-11-00369-CR ________________ MICHAEL DUSHARME, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 08-03453 ________________________________________________________________________ MEMORANDUM OPINION On June 3, 2011, the trial court sentenced Michael Dusharme on a conviction for failure to comply with the sex offender registration requirements. Dusharme filed a notice of appeal on June 30, 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 July 6, 2011, we notified the parties 1 that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. Dusharme filed a motion for extension of time to file his appeal, 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. _____________________________ STEVE McKEITHEN Chief Justice Opinion Delivered August 10, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2

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