Danny Lee Baty v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2015
• Docket: 09-15-00051-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00051-CR ____________________

DANNY LEE BATY, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 13-12-13673 CR ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Danny Lee Baty on a conviction for possession of a

controlled substance. Baty filed a notice of appeal on January 28, 2015. The trial

court signed a certification in which the court certified that this is a plea-bargain

case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The

district clerk has provided the trial court’s certification to the Court of Appeals. On

February 2, 2015, we notified the parties that we would dismiss the appeal unless

the appellant established that the certification is incorrect. The appellant did not

1 file a response or otherwise demonstrate that the trial court has signed an order that

he has a right to appeal at this time. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on March 3, 2015 Opinion Delivered March 4, 2015 Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.