John Wesley Smith v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-05-192 CR

NO. 09-05-193 CR

NO. 09-05-194 CR

JOHN WESLEY SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause Nos. 87259, 87260 and 87335

MEMORANDUM OPINION ⁽¹⁾

John Wesley Smith was convicted and sentenced on three separate indictments for the offense of forgery. Smith filed notice of appeal on May 6, 2005. In each case, 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 certifications have been provided to the Court of Appeals by the district clerk.

On May 10, 2005, we notified the parties that the appeals would be dismissed unless amended certifications were filed within thirty days of the date of the notices and made a part of the appellate records. See Tex. R. App. P. 37.1. The records have not been supplemented with amended certifications. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeals must be dismissed. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeals for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM

Opinion Delivered June 29, 2005

Do Not Publish

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

1. Tex. R. App. P. 47.4.