Zackie William McCall v. The State of Texas--Appeal from 128th District Court of Orange County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00377-CR _________________ ZACKIE WILLIAM MCCALL, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 128th District Court Orange County, Texas Trial Cause No. A-110208-R ________________________________________________________________________ MEMORANDUM OPINION On June 21, 2011, the trial court sentenced Zackie William McCall on a conviction for injury to a child. McCall filed a notice of appeal on July 8, 2011. 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 certification to the Court of Appeals. On July 13, 2011, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. The appellant filed a response but failed to establish 1 that the trial court s certification should be amended. Because the trial court s certification does not show that 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. ________________________________ DAVID GAULTNEY Justice Opinion Delivered August 24, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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