Otis Jackson Hughes, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: August 4, 2005
• Docket: 06-05-00115-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00115-CR

OTIS JACKSON HUGHES, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 6th Judicial District Court

Fannin County, Texas

Trial Court No. 20522

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Otis Jackson Hughes appeals from the adjudication of his guilt for the offense of burglary of a habitation. On January 21, 2003, Hughes pled guilty to the offense, and the trial court deferred the adjudication of his guilt and placed him on three years' community supervision. Hughes' guilt was adjudicated March 31, 2005, and the trial court sentenced him to twelve years' imprisonment. Hughes appeals from the trial court's determination to adjudicate his guilt on the original offense.

            The trial court filed a certification, in accordance with Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure, reciting that "the defendant has waived the right to appeal" and has "no [right] to appeal motion to adjudicate."

            We have jurisdiction to determine whether we have jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

            If a certification showing that the defendant has the right to appeal is not made a part of the appellate record, we must dismiss the case unless the record indicates that an appellant may have the right to appeal. See Dears v. State, 154 S.W.3d 610, 612 (Tex. Crim. App. 2005); Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005). Nothing in the record indicates that the certification is in error or that Hughes has a right to appeal.

            We hold that we lack jurisdiction over this appeal, and dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          August 3, 2005

Date Decided:             August 4, 2005

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