Jajuan C. Shepherd v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ________________

NO. 09-09-00474 CR _____________________

JAJUAN C. SHEPHERD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 09-07-06584-CR

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MEMORANDUM OPINION

On October 2, 2009, the trial court sentenced Jajuan C. Shepherd on a conviction for possession of a controlled substance. Shepherd filed a notice of appeal on October 14, 2009. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea-bargain case and the defendant has no 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 October 23, 2009, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. No response has been filed. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered November 25, 2009

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.