Lee Vert Smith v. State

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-08-00110-CR

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LEE VERT SMITH, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 5th Judicial District Court Bowie County, Texas

Trial Court No. 06F0744-005

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Lee Vert Smith attempts to appeal his conviction for aggravated sexual assault of a child.

Smith entered into a plea agreement and was sentenced in accordance therewith to twenty-five years' imprisonment.

The record contains a certification from the trial court that this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX . R. APP . P. 25.2.

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 Smith 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.

Accordingly, we dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: June 12, 2008 Date Decided: June 13, 2008

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