David John Blumen, III. v. The State of Texas--Appeal from 102nd District Court of Bowie County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00224-CR ______________________________ DAVID JOHN BLUMEN, III, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 102nd Judicial District Court Bowie County, Texas Trial Court No. 09F0218-102 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION David John Blumen, III, has filed pro se a notice of appeal from his conviction of possession of a controlled 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 negotiated plea agreement case and that Blumen 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 Blumen 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. Jack Carter Justice Date Submitted: Date Decided: December 16, 2010 December 17, 2010 Do Not Publish 2
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