Michael Wayne Osborne v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2015
• Docket: 09-15-00060-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00060-CR ________________

MICHAEL WAYNE OSBORNE, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 14-20537 __________________________________________________________________

MEMORANDUM OPINION

On January 12, 2015, the trial court sentenced Michael Wayne Osborne on a

conviction for burglary of a building. Osborne filed a notice of appeal on February 3,

2015. The district clerk has provided the trial court’s certification to the Court of

Appeals. The trial 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).

On February 3, 2015, we notified the parties that we would dismiss the appeal

unless the appellant established grounds for continuing the appeal. The appellant filed a

1 response but failed to establish that the trial court’s certification should be amended.

Because the record does not contain a certification that shows the defendant has the right

of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we

dismiss the appeal.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on March 3, 2015 Opinion Delivered March 4, 2015 Do Not Publish

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