Charles Hearne v. State ( 2010 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-09-00220-CR
______________________________
CHARLES HEARNE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th Judicial District Court
Lamar County, Texas
Trial Court No. 20502
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Charles Hearne has filed a notice of appeal from the revocation of his community
supervision. We have now received the certification of Hearne’s right of appeal as required by
Rule 25.2 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 25.2. That
certification states that Hearne waived his 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 that Hearne has waived his 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.
Jack Carter
Justice
Date Submitted: February 23, 2010
Date Decided: February 24, 2010
Do Not Publish
2