Brandon Eugene Washington v. State

• Court: Court of Appeals of Texas
• Decided: March 19, 2008
• Docket: 06-08-00033-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00033-CR ______________________________

BRANDON EUGENE WASHINGTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Sixth Judicial District Court Lamar County, Texas Trial Court No. 22385

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION

Brandon Eugene Washington has filed a notice of appeal for his conviction on his plea of

guilty pursuant to a negotiated plea agreement to the offense of aggravated robbery. Washington was

sentenced to ten years' imprisonment in accordance with that agreement.

We have now received the clerk's record in this appeal. That record contains a certification

of Washington's right of appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure.

See TEX . R. APP . P. 25.2. The certification states this "is a plea-bargain case, and the defendant has

NO right of appeal" and is signed by Washington and his trial counsel.

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 Washington 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.

Jack Carter Justice

Date Submitted: March 18, 2008 Date Decided: March 19, 2008

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