Michael J. Kelley v. State

• Court: Court of Appeals of Texas
• Decided: January 30, 2003
• Docket: 14-03-00014-CR
• Status: Published

Opinion

Dismissed and Opinion filed January 30, 2003

Dismissed and Opinion filed January 30, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00014-CR

MICHAEL JAMES KELLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 25th District Court

Colorado County, Texas

Trial Court Cause No. CR02-71

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to two counts of burglary of a building on November 26, 2002.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to ten years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  Because we have no jurisdiction over this appeal, we dismiss. 

To invoke an appellate court=s jurisdiction over an appeal, an appellant must give timely and proper notice of appeal.  White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001).  The record must include the trial court=s certification of the defendant=s right of appeal under Rule 25.2(a)(2).  Tex. R. App. P. 25.2(d).

The certification included in the record in this appeal reflects that appellant does not have the right of appeal in this case.

Accordingly, we dismiss the appeal for want of jurisdiction. 

PER CURIAM

Judgment rendered and Opinion filed January 30, 2003.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).