David Carl Smith v. State

• Court: Court of Appeals of Texas
• Decided: April 20, 2016
• Docket: 09-16-00069-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00069-CR ________________

DAVID CARL SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. 15-21275, 16-23974 __________________________________________________________________

MEMORANDUM OPINION

On January 12, 2016, the trial court sentenced David Carl Smith on a

conviction for reckless manslaughter. Smith filed a notice of appeal on March 2,

2016. 1 The district clerk has provided the trial court’s certification to the Court of

1 Smith filed his notice of appeal from trial cause number 15-21275. However, the information received from the trial court clerk indicates that cause number 15-21275 was dismissed, and this Court sent a letter to Smith inquiring about whether he actually intended to appeal from trial cause number 16-23974, in which the judgment of conviction was entered. Smith did not respond to the Court’s letter. 1 Appeals. The trial 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).

On March 24, 2016, we notified the parties that we would dismiss the appeal

unless the appellant established grounds for continuing the appeal. No response has

been filed. Because the record does not contain a certification that shows the

defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P.

25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on April 19, 2016 Opinion Delivered April 20, 2016 Do Not Publish

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