Theaster Maloy v. The State of Texas--Appeal from 262nd District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00066-CR
______________________________
THEASTER MALOY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd Judicial District Court
Harris County, Texas
Trial Court No. 930760
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

On February 23, 2003, Theaster Maloy pled guilty to aggravated robbery as charged in the indictment. The trial court sentenced Maloy to twenty-five years' imprisonment.

Rule 25.2(d) of the Texas Rules of Appellate Procedure requires us to dismiss an appeal in a criminal case if the record does not contain a certification that the defendant has the right to appeal. Tex. R. App. P. 25.2(d). The trial court's certification of Maloy's right to appeal affirmatively states Maloy's conviction was the result of a negotiated plea agreement "and the defendant has NO right to appeal." Maloy's signature appears on the certification as an acknowledgment of receiving the document.

Accordingly, we dismiss the appeal.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: September 8, 2003

Date Decided: September 9, 2003

 

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