Donald Gore v. State

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-07-00151-CR ______________________________

DONALD MARK GORE, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the County Court Lamar County, Texas Trial Court No. 52090

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

MEMORANDUM OPINION

Donald Mark Gore has filed a notice of appeal from his conviction for the offense of cruelty to animals. We have now received the certification of Gore'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 Gore 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 Gore 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.

Josh R. Morriss, III

Chief Justice

Date Submitted: December 3, 2007

Date Decided: December 4, 2007

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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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