Devean Yvette Ardoin v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00489-CR ____________________

DEVEAN YVETTE ARDOIN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 08-05078

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MEMORANDUM OPINION

On September 21, 2009, the trial court sentenced Devean Yvette Ardoin on a conviction for felony theft. Ardoin filed a notice of appeal on October 27, 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 30, 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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CHARLES KREGER

Justice

Opinion Delivered November 25, 2009

Do not publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.