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

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