Charles Laron Hearne v. The State of Texas--Appeal from 6th District Court of Lamar County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00219-CR ______________________________ CHARLES LARON HEARNE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Sixth Judicial District Court Lamar County, Texas Trial Court No. 22950 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Charles Laron Hearne has filed a notice of appeal from his convictions of delivery of a controlled substance, delivery of a controlled substance in a drug-free zone, and delivery of a simulated substance. On our review of the clerk s record, we noted that the trial court s certification of right of appeal stated that this was a plea agreement case and that Hearne has no 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 Hearne has no 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. We dismiss the appeal for want of jurisdiction. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: February 1, 2010 February 2, 2010 Do Not Publish 2
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