Charles Hearne v. State

Opinion

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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