James Hayden Morgan v. State

• Court: Court of Appeals of Texas
• Decided: September 27, 2017
• Docket: 09-17-00282-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00282-CR NO. 09-17-00283-CR ____________________

JAMES HAYDEN MORGAN, Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause Nos. 17-01-00872-CR & 17-02-01989-CR ________________________________________________________________________

MEMORANDUM OPINION

On June 29, 2017, the trial court sentenced James Hayden Morgan on

convictions for burglary of a habitation and arson. Morgan filed a notice of appeal

on July 20, 2017. In each case, 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. See

Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court’s

certifications to the Court of Appeals. On August 22, 2017, we notified the parties

that we would dismiss the appeals unless the appellant established that the

certifications are incorrect. The appellant filed a response but failed to establish that

the trial court’s certifications should be amended. Because the trial court’s

certifications show the defendant does not have the right of appeal, we must dismiss

the appeals. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeals.

APPEALS DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on September 26, 2017 Opinion Delivered September 27, 2017 Do Not Publish

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