Craig Aaron Smith v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-09-00111-CR ____________________

CRAIG AARON SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 260th District Court Orange County, Texas Trial Cause No. D-070738-R

---

MEMORANDUM OPINION

On February 27, 2009, the trial court sentenced Craig Aaron Smith on a conviction for forgery. Smith filed a notice of appeal on March 4, 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 waived his right to appeal and that the appellant therefore 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 17, 2009, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. The appellant filed a response but failed to establish that the trial court's certification should be amended. 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.

__________________________________

CHARLES KREGER

Justice

Opinion Delivered April 15, 2009

Do not publish

Before Gaultney, Kreger, and Horton, JJ.