Jacobi Gilbert v. State

• Court: Court of Appeals of Texas
• Decided: April 11, 2018
• Docket: 09-18-00089-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00089-CR ____________________

JACOBI GILBERT, Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 12-14442 ________________________________________________________________________

MEMORANDUM OPINION

On February 16, 2018, the trial court sentenced Jacobi Gilbert on a conviction

for aggravated sexual assault of a child. Gilbert filed a notice of appeal on March 7,

2018. 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, and the defendant as

waived the 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 March 8, 2018,

we notified the parties that we would dismiss the appeal unless the appellant

established that the certification is incorrect. No response has been filed. Because

the trial court’s certification shows the defendant does not have 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Submitted on April 10, 2018 Opinion Delivered April 11, 2018 Do Not Publish

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