Theopolis Carson v. The State of Texas--Appeal from 202nd District Court of Bowie County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00211-CR ______________________________ THEOPOLIS CARSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 202nd Judicial District Court Bowie County, Texas Trial Court No. 09F0347-202 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Theopolis Carson has filed a pro se notice of appeal from his conviction for the offense of theft. We have now received the certification of Carson s right of appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure. See TEX . R. APP . P. 25.2. That certification states that Carson waived his right of appeal. Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See TEX . R. APP . P. 25.2(d). Because the trial court s certification affirmatively shows Carson has waived his right of appeal, and because the record before us does not reflect that the certification is incorrect, see Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal for want of jurisdiction. We dismiss the appeal. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: January 7, 2010 January 8, 2010 Do Not Publish 2
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