Larry Shawn Myers v. State

CourtCourt of Appeals of Texas
DecidedMay 6, 2010
Docket06-10-00079-CR
StatusPublished

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Larry Shawn Myers v. State, (Tex. Ct. App. 2010).

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00079-CR

                                   LARRY SHAWN MYERS, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the Sixth Judicial District Court

                                                             Lamar County, Texas

                                                            Trial Court No. 23413

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

                                        Memorandum Opinion by Chief Justice Morriss


                                                      MEMORANDUM OPINION

            Larry Shawn Myers has filed a pro se notice of appeal from his conviction for indecency with a child by contact.  On our review of the clerk’s record, we noted that the trial court’s certification of right of appeal stated that this was a plea agreement case and that Myers has no right of appeal. 

            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 Myers has no 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 for want of jurisdiction. 

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          May 5, 2010

Date Decided:             May 6, 2010

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Related

Dears v. State
154 S.W.3d 610 (Court of Criminal Appeals of Texas, 2005)

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Larry Shawn Myers v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-shawn-myers-v-state-texapp-2010.