David Smith v. State

• Court: Court of Appeals of Texas
• Decided: May 10, 2006
• Docket: 09-06-00109-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-06-109 CR

DAVID SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 93671

MEMORANDUM OPINION

David Smith was convicted and sentenced on an indictment for possession of a controlled substance. Smith filed a notice of appeal on February 24, 2006. 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 trial court's certification has been provided to the Court of Appeals by the district clerk.

On March 20, 2006, we notified the parties that the appeal would be dismissed unless an amended certification was filed within thirty days of the date of the notice and made a part of the appellate record. See Tex. R. App. P. 37.1. The record has not been supplemented with an amended certification. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeal must be dismissed. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered May 10, 2006

Do Not Publish

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