John M. Weatherly v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-00341-CR

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JOHN M. WEATHERLY, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 09-06232




MEMORANDUM OPINION

On June 1, 2009, the trial court sentenced John M. Weatherly on a conviction for assault on a family member. Weatherly filed a notice of appeal on July 28, 2009. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court's certification to the Court of Appeals. On July 30, 2009, we notified the parties that we would dismiss the appeal. The appellant filed a response but failed to establish that the trial court's certification should be amended. Because the certification does not show the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

DAVID GAULTNEY

Justice



Opinion Delivered August 26, 2009

Do Not Publish



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