Ray Charles Hawkins v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2007
• Docket: 12-06-00386-CR
• Status: Published

Opinion

lee, elmer edward v. state

                                        NO. 12-06-00386-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RAY CHARLES HAWKINS,            §          APPEAL FROM THE 114TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of indecency with a child, and punishment was assessed at imprisonment for twenty years.  Thereafter, Appellant filed a notice of appeal, which was untimely, and this court dismissed the appeal for want of jurisdiction.  Hawkins v. State, No. 12-94-00028-CR (Tex. App.–Tyler Feb. 17, 1994, no pet.) (per curiam) (not designated for publication).  On Appellant’s application for writ of habeas corpus, the court of criminal appeals granted him an out of time appeal.  Ex parte Hawkins, No. AP-75,521 (Tex. Crim. App. Oct. 4, 2006) (per curiam) (not designated for publication).  Appellant then timely filed his notice of appeal. 

            To be sufficient to invoke the appellate court’s full jurisdiction, the notice of appeal filed by an appellant in a criminal case must bear the trial court’s certification of the appellant’s right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2).  Tex. R. App. P. 25.2(d); see also Odneal v. State, 161 S.W.3d 692, 694 (Tex. App.–Beaumont 2005, pet. ref’d) (noting that trial court certification is required when court of criminal appeals grants out of time appeal).  The certification should be part of the record when the notice is filed, but may be added by timely amendment or supplementation.  Id.  Appellant’s notice of appeal does not include the required certification.

            On November 10, 2006, this court notified Appellant through his counsel, pursuant to Texas Rules of Appellate Procedure 25.2 and 37.1, that the notice of appeal does not include the trial court certification.  The notice also informed Appellant that the appeal would be dismissed unless, on or before December 11, 2006, the clerk’s record was amended to include the required certification.

            The deadline for responding to this court’s notice has expired, and the clerk’s record has not been amended to show Appellant’s right to appeal.  Therefore, the appeal is dismissed for want of jurisdiction.

Opinion delivered January 31, 2007.

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

(DO NOT PUBLISH)