Douglas Eugene Miles v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2023
• Docket: 09-23-00139-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00139-CR __________________

DOUGLAS EUGENE MILES, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F20-33734 __________________________________________________________________

MEMORANDUM OPINION

On April 25, 2023, the trial court sentenced Douglas Eugene Miles on an

indictment for driving while intoxicated. The trial court signed a certification that

this is a plea-bargain case, and the defendant has no right of appeal, and that the

defendant has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). On May 8,

2023, Miles filed a notice of appeal pro se. The trial court appointed counsel to

represent Miles on appeal. The District Clerk provided the certification to the Court

of Appeals.

1 On May 11, 2023, we notified the parties that we would dismiss the appeal

unless the appellant established the certification was incorrect. We granted an

extension of time to file a response, but the appellant did not file a written response

on or before the due date of June 9, 2023. Since the record lacks a certification saying

that Miles has the right of appeal, we dismiss the appeal. See Tex. R. App. P. 25.2(d).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 27, 2023 Opinion Delivered June 28, 2023 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.