Robert McAndrews v. State

• Court: Court of Appeals of Texas
• Decided: September 23, 2015
• Docket: 09-15-00234-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00234-CR ____________________

ROBERT MCANDREWS, Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the County Court at Law Liberty County, Texas Trial Cause No. 100757 ________________________________________________________________________

MEMORANDUM OPINION

On April 20, 2015, the trial court sentenced Robert McAndrews on a

conviction for possession of marijuana. McAndrews filed a notice of appeal on

May 21, 2015. The trial court signed a certification in which the court certified that

the defendant waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial

court clerk has provided the trial court’s certification to the Court of Appeals. On

August 20, 2015, we notified the parties that we would dismiss the appeal unless

the appellant established grounds for continuing the appeal. The appellant has not

1 filed a response that establishes that the trial court’s certification should be

amended to state that the defendant has the right of appeal. Because the trial

court’s certification shows the defendant does not have the right of appeal, we

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

appeal. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on September 22, 2015 Opinion Delivered September 23, 2015 Do Not Publish

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