Sean Ewalt v. State

• Court: Court of Appeals of Texas
• Decided: July 31, 2009
• Docket: 12-09-00211-CR
• Status: Published

Opinion

NO. 12-09-00211-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SEAN EWALT,

§ APPEAL FROM THE

APPELLANT

V.

§ COUNTY COURT AT LAW NO. 3 OF

THE STATE OF TEXAS,

APPELLEE

§ SMITH COUNTY, TEXAS

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MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for want of jurisdiction. After a guilty plea, Appellant was convicted of theft of property having a value of more than $50 but less than $500. Punishment was assessed at confinement for sixty days. Thereafter, Appellant filed a 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). The certification should be part of the record when 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 July 16, 2009, 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 July 27, 2009, 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 July 31, 2009.

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

(DO NOT PUBLISH)