David John Blumen, III. v. State ( 2010 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00225-CR
______________________________
DAVID JOHN BLUMEN, III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd Judicial District Court
Bowie County, Texas
Trial Court No. 10F0702-102
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
David John Blumen, III, has filed pro se a notice of appeal from his conviction of unlawful
possession of a firearm by a felon. On our review of the clerk’s record, we noted that the trial
court’s certification of right of appeal stated that this was a plea agreement case and that Blumen
has no right of appeal.
Unless a certification, showing that a defendant has the right of appeal, is in the record, we
must dismiss the appeal. See TEX. R. APP. P. 25.2(d).
Because the trial court’s certification affirmatively shows Blumen has no right of appeal,
and because the record before us does not reflect that the certification is incorrect, see Dears v.
State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: December 16, 2010
Date Decided: December 17, 2010
Do Not Publish
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