Luciano Sevilla, Jr. v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00124-CR ____________________

LUCIANO SEVILLA, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 08-04658

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MEMORANDUM OPINION

On March 2, 2009, the trial court sentenced Luciano Sevilla, Jr., on a conviction for aggravated assault. Sevilla filed a notice of appeal on March 19, 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 March 20, 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 April 22, 2009

Do not publish

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