Lee Vert Smith v. State ( 2008 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-08-00109-CR
______________________________
LEE VERT SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th Judicial District Court
Bowie County, Texas
Trial Court No. 06F0743-005
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Lee Vert Smith attempts to appeal his conviction for aggravated sexual assault of a child.
Smith entered into a plea agreement and was sentenced in accordance therewith to twenty-five years'
imprisonment.
The record contains a certification from the trial court that this "is a plea-bargain case, and
the defendant has NO right of appeal." See TEX . R. APP . P. 25.2.
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 Smith 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.
Accordingly, we dismiss the appeal for want of jurisdiction.
Jack Carter
Justice
Date Submitted: June 12, 2008
Date Decided: June 13, 2008
Do Not Publish
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