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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-11-00210-CR
______________________________
BRIAN CHADWICK MARTIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 1122186
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Brian Chadwick Martin has filed a notice of appeal. We have now received the certification of Martin’s right of appeal as required by Tex. R. App. P. 25.2. That certification states that Martin waived his right of appeal.
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 that Martin has waived his 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.
Martin has also filed a motion to dismiss his appeal. The motion is signed by Martin and by his counsel in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). As authorized by Rule 42.2, we grant the motion. See Tex. R. App. P. 42.2.
We dismiss the appeal.
Josh R. Morriss, III
Chief Justice
Date Submitted: January 4, 2012
Date Decided: January 5, 2012
Do Not Publish
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Date Submitted: July 11, 2011
Date Decided: August 2, 2011
Do Not Publish
[1]Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov’t Code Ann. § 73.001 (West 2005). We are unaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevant issue. See Tex. R. App. P. 41.3.
[2]In the same proceeding, Brown pled guilty to two state jail felony charges of manufacture or delivery of a controlled substance, cocaine, less than one gram (our cause numbers 06-11-00022-CR and 06-11-00024-CR). See generally Tex. Health & Safety Code Ann. § 481.112 (West 2010). Brown has filed a single brief raising the same issue in all three cases; we reach the same result in those other two cases, released today in separate opinions bearing those cause numbers.