Kenneth Carmichael Lawson v. State

• Court: Court of Appeals of Texas
• Decided: April 28, 2006
• Docket: 12-06-00041-CR
• Status: Published

Opinion

MARY'S OPINION HEADING

                NO. 12-06-00041-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

KEN CARMICHAEL LAWSON,   §          APPEAL FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE  §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 44.3.  Appellant was sentenced on November 11, 2005.  Thereafter, Appellant filed a motion for new trial and, on February 7, 2006, filed a notice of appeal that failed to contain the trial court’s certification as required by Texas Rule of Appellate Procedure 25.2(d).  The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the appellate record.  Tex. R. App. P. 25.2(d).

            On April 19, 2006, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.2 that the notice of appeal was defective for failure to comply with Rule 25.2(d).  Appellant was further notified that unless, on or before April 14, 2006, the clerk’s record was amended to show the jurisdiction of this Court, the appeal would be referred to the Court for dismissal.

            The deadline specified in the notice to Appellant has passed, and Appellant has failed to comply with this Court’s notice.  Accordingly, the appeal is dismissed.

Opinion delivered April 28, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)