Leo Graves v. State

CourtCourt of Appeals of Texas
DecidedSeptember 27, 2011
Docket06-11-00156-CR
StatusPublished

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Leo Graves v. State, (Tex. Ct. App. 2011).

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00156-CR

                                             LEO GRAVES, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the 123rd Judicial District Court

                                                             Panola County, Texas

                                                       Trial Court No. 2008-C-0152

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

                                              Memorandum Opinion by Justice Carter


                                                      MEMORANDUM OPINION

            Leo Graves has filed a notice of appeal from his conviction of tampering with government records.  The certification of Graves’ right of appeal states that Graves waived his 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 that Graves has waived his 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.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          September 26, 2011

Date Decided:             September 27, 2011

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Related

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

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