Aaron I. Armstrong v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 12, 2022
• Docket: 09-22-00303-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00303-CR __________________

AARON I. ARMSTRONG, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 21-37367 __________________________________________________________________

MEMORANDUM OPINION

On July 26, 2022, the trial court sentenced Aaron Armstrong on a conviction

for possession of a controlled substance. The trial court signed a certification in

which the trial court certified that this is a plea-bargain case and Armstrong has no

right of appeal. See Tex. R. App. P. 25.2(a)(2). Nonetheless, Armstrong filed a notice

of appeal. The District Clerk provided the certification to the Court of Appeals.

On September 14, 2022, we notified the parties that we would dismiss the

appeal unless the appellant established the certification was incorrect. None of the

1 parties responded to the Court’s notice. Since the record lacks a certification saying

that Armstrong has the right of appeal, we dismiss the appeal. See Tex. R. App. P.

25.2(d).

APPEAL DISMISSED.

PER CURIAM

Submitted on October 11, 2022 Opinion Delivered October 12, 2022 Do Not Publish

Before Golemon, C.J., Kreger and Johnson, JJ.