Jacobi Gilbert v. State ( 2018 )

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00089-CR ____________________ JACOBI GILBERT, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 12-14442 ________________________________________________________________________ MEMORANDUM OPINION On February 16, 2018, the trial court sentenced Jacobi Gilbert on a conviction for aggravated sexual assault of a child. Gilbert filed a notice of appeal on March 7, 2018. The trial court signed a certification in which the court certified that this is a plea-bargain case and the defendant has no right of appeal, and the defendant as waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court’s certification to the Court of Appeals. On March 8, 2018, we notified the parties that we would dismiss the appeal unless the appellant 1 established that the certification is incorrect. No response has been filed. Because the trial court’s certification shows the defendant does not have the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on April 10, 2018 Opinion Delivered April 11, 2018 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 2