Lee Vert Smith v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00109-CR ______________________________ LEE VERT SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 5th Judicial District Court Bowie County, Texas Trial Court No. 06F0743-005 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Lee Vert Smith attempts to appeal his conviction for aggravated sexual assault of a child. Smith entered into a plea agreement and was sentenced in accordance therewith to twenty-five years' imprisonment. The record contains a certification from the trial court that this "is a plea-bargain case, and the defendant has NO 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 Smith has no 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. Accordingly, we dismiss the appeal for want of jurisdiction. Jack Carter Justice Date Submitted: June 12, 2008 Date Decided: June 13, 2008 Do Not Publish 2