Paul Ross Kuykendall v. State
Opinion
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00018-CR
PAUL ROSS KUYKENDALL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Sixth Judicial District Court
Lamar County, Texas
Trial Court No. 23,012
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Paul Ross Kuykendall has filed a notice of appeal from the revocation of his community supervision. We have now received the certification of Kuykendall’s right of appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 25.2. That certification states that Kuykendall waived his 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 that Kuykendall 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 and overrule Kuykendall’s motion for appointment of counsel.
Josh R. Morriss, III
Chief Justice
Date Submitted: February 26, 2010
Date Decided: March 1, 2010
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