Kyndal Erin Pogue v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 29, 2023
• Docket: 09-23-00064-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00064-CR __________________

KYNDAL ERIN POGUE, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 22-08-10509-CR __________________________________________________________________

MEMORANDUM OPINION

On November 29, 2022, the trial court sentenced Kyndal Erin Pogue in Trial

Cause Number 22-08-10509-CR. The trial court signed a certification in which the

trial court certified that this is a plea-bargain case and Pogue has no right of appeal.

See Tex. R. App. P. 25.2(a)(2). Nonetheless, Pogue filed a notice of appeal. The

District Clerk provided the certification to the Court of Appeals.

On February 24, 2023, we notified the parties that we would dismiss the

appeal unless the appellant established the certification was incorrect. None of the

1 parties responded to the Court’s notice. Since the record lacks a certification saying

that Pogue has the right of appeal, we dismiss the appeal. See Tex. R. App. P.

25.2(d).

APPEAL DISMISSED.

PER CURIAM

Submitted on March 28, 2023 Opinion Delivered March 29, 2023 Do Not Publish

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