In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00043-CR
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TIMOTHY SCOTT MURPHY, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 260th District Court
Orange County, Texas
Trial Cause No. D-140,239-R
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MEMORANDUM OPINION
On December 16, 2014, the trial court sentenced Timothy Scott Murphy on a
conviction for possession of a controlled substance. Murphy filed a notice of
appeal on January 16, 2015. The trial court signed a certification in which the court
certified that this is a plea-bargain case and the defendant has no right of appeal,
and that the defendant waived the 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 January 28, 2015, we notified the parties that we would dismiss the
1
appeal unless the appellant established that the certification is incorrect. 1 No
response has been filed. 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.
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on March 3, 2015
Opinion Delivered March 4, 2015
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.
1
We also notified the parties that a motion for extension of time was required
because Murphy filed his notice of appeal more than thirty days after the date of
sentencing. See generally Tex. R. App. P. 26.2(a)(1), 26.3. He did not file a motion
for extension of time. The appeal is subject to dismissal for want of jurisdiction.
See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
2