In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-09-00055-CR
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JAMES RUSSELL ISHMAEL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 0719545
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
James Russell Ishmael has filed a notice of appeal from his conviction on his plea of guilty pursuant to a plea bargain. He was convicted of a third offense of driving while intoxicated and sentenced to five years' imprisonment. Sentence was imposed on January 30, 2009, and his notice of appeal was filed on February 23, 2009. We have received a record containing a certification of right to appeal which indicates both that this is a plea-bargain case, and thus Ishmael has no right of appeal, and that he has waived his right of appeal. The record also contains a copy of the plea agreement, which is consistent with the sentence actually imposed.
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 Ishmael 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.
We dismiss the appeal for want of jurisdiction.
Bailey C. Moseley
Justice
Date Submitted: March 3, 2009
Date Decided: March 4, 2009
Do Not Publish
g to review, his issue on appeal is overruled.
We affirm the judgment.
Donald R. Ross
Justice
Date Submitted: September 5, 2006
Date Decided: December 14, 2006
1. McDaniel submitted, as attachments to his motion for new trial, articles of limited partnership for "NE-TEX CONSTRUCTION, LTD." and the 2005-2006 registration renewal, indicating ownership by "NE-TEX CONSTRUCTION LTD.," for the truck that had caused the damage in 2004. The motion for new trial was overruled by operation of law. McDaniel does not appeal this issue, thus not preserving the new evidence complaint. See Tex. R. App. P. 33.1(b).