Heath Brandon Marlowe v. State

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-07-00195-CR

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HEATH BRANDON MARLOWE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 35021-B

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Heath Brandon Marlowe, appellant, has filed with this Court a motion to dismiss his appeal, stating that he executed, in open court, a waiver of motion for new trial and right of appeal and that he no longer wishes to pursue an appeal. The motion is not signed by Marlowe as required by Rule 42.2(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a).

However, attached to the motion are certified copies of the waiver of motion for new trial and right of appeal and the trial court's certification of right of appeal. The certification states that Marlowe waived his right of appeal. Both of these documents bear Marlowe's signature.

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 Marlowe 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.

Jack Carter

Justice

Date Submitted: December 18, 2007

Date Decided: December 19, 2007

Do Not Publish

N>

Date Submitted: September 5, 2007

Date Decided: September 6, 2007

Do Not Publish