Jimmy Collier v. The State of Texas--Appeal from 115th District Court of Upshur County

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In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

 

______________________________

 

No. 06-03-00159-CR

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JIMMY COLLIER, Appellant

V.

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 13,248

 

 

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

 

MEMORANDUM OPINION

 

Jimmy Collier has appealed from his conviction pursuant to his guilty plea for delivery of a controlled substance. Pursuant to Tex. R. App. P. 25.2(a)(2), (d), the trial court has filed its certification of his right to appeal in which the trial court certified that this was a plea bargained case and that Collier has no right to appeal, and also that he has waived his right to appeal.

Rule of Appellate Procedure 25.2(d) provides in pertinent part, "The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d).

The trial court's certification affirmatively shows that Collier has no right of appeal. Accordingly, we dismiss the appeal. See High v. State, No. 10-03-004-CR, 2003 WL 21299383 (Tex. App. Waco June 4, 2003, no pet. h.) (not designated for publication).

 

Jack Carter

Justice

 

Date Submitted: December 11, 2003

Date Decided: December 12, 2003

 

Do Not Publish

 

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