Virgle Wayne Granberry 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. 06-11-00146-CR ______________________________ VIRGLE WAYNE GRANBERRY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Sixth Judicial District Court Lamar County, Texas Trial Court No. 23820 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Virgle Wayne Granberry has filed a pro se notice of appeal from his conviction for aggravated sexual assault of a disabled person. 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 Granberry 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 Granberry 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 Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: August 2, 2011 August 3, 2011 Do Not Publish 2
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