Felix Laroy Hearn v. State ( 2006 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-06-00158-CR ______________________________



FELIX LAROY HEARN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Sixth Judicial District Court Lamar County, Texas Trial Court No. 20501

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Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Felix Laroy Hearn appeals from his conviction by the trial court for aggravated assault with a deadly weapon. Pursuant to a plea agreement, the trial court sentenced Hearn to ten years' imprisonment. We dismiss Hearn's appeal for want of jurisdiction.

The trial court filed a certification, in accordance with Rule 25.2(a)(2), that this case "is a plea-bargain case, and the Defendant has NO right of appeal" and also stating "the defendant has waived the right of appeal." Rule 25.2(a)(2) states, in pertinent part:

(2) . . . A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order.

Tex. R. App. P. 25.2(a)(2). If a certification showing that the defendant has the right of appeal is not made a part of the appellate record, we must dismiss the case unless the record affirmatively indicates that an appellant may have the right of appeal. Tex. R. App. P. 25.2(d); see Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); Dears v. State, 154 S.W.3d 610, 612 (Tex. Crim. App. 2005). We have examined the clerk's record to determine whether the trial court's certification is defective. See Dears, 154 S.W.3d at 613. Nothing in the record indicates the certification is defective. This Court lacks jurisdiction over this appeal.

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: October 24, 2006

Date Decided: October 25, 2006

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