Kyndal Erin Pogue v. The State of Texas Appeal from 221st District Court of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00064-CR __________________ KYNDAL ERIN POGUE, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 22-08-10509-CR __________________________________________________________________ MEMORANDUM OPINION On November 29, 2022, the trial court sentenced Kyndal Erin Pogue in Trial Cause Number 22-08-10509-CR. The trial court signed a certification in which the trial court certified that this is a plea-bargain case and Pogue has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Nonetheless, Pogue filed a notice of appeal. The District Clerk provided the certification to the Court of Appeals. On February 24, 2023, we notified the parties that we would dismiss the appeal unless the appellant established the certification was incorrect. None of the 1 parties responded to the Court’s notice. Since the record lacks a certification saying that Pogue has the right of appeal, we dismiss the appeal. See Tex. R. App. P. 25.2(d). APPEAL DISMISSED. PER CURIAM Submitted on March 28, 2023 Opinion Delivered March 29, 2023 Do Not Publish Before Golemon, C.J., Johnson and Wright, JJ. 2
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