Philip Cockerham v. State ( 2013 )

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00524-CR ____________________ PHILIP COCKERHAM, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 11-01-00111 CR ________________________________________________________ _____________ MEMORANDUM OPINION On November 10, 2013, the trial court sentenced Philip Cockerham on a conviction for driving while intoxicated. Cockerham filed a notice of appeal on November 7, 2013. The district clerk has provided the trial court’s certification to the Court of Appeals. The trial 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). On November 20, 2013, we notified the parties that we would dismiss the appeal unless the appellant established that the certification is incorrect. The 1 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 dismiss the appeal. See Tex. R. App. P. 25.2(d). APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered December 18, 2013 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2