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Apshire v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jul 30, 2008
No. 09-08-294 CR (Tex. App. Jul. 30, 2008)

Opinion

No. 09-08-294 CR

Submitted on July 29, 2008.

Opinion Delivered July 30, 2008. DO NOT PUBLISH.

On Appeal from the 128th District Court Orange County, Texas, Trial Cause No. A-080208-R.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION


On May 30, 2008, the trial court sentenced Jerry Dale Apshire, Jr. on a conviction for felony possession of a controlled substance. Apshire filed a notice of appeal on June 25, 2008. 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 district clerk has provided the trial court's certification to the Court of Appeals. On July 1, 2008, we notified the parties that we would dismiss the appeal unless an amended certification was filed within fifteen days of the date of the notice and made a part of the appellate record. See Tex. R. App. P. 25.2(f). The record has not been supplemented with an amended certification. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED.


Summaries of

Apshire v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jul 30, 2008
No. 09-08-294 CR (Tex. App. Jul. 30, 2008)
Case details for

Apshire v. State

Case Details

Full title:JERRY DALE APSHIRE, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jul 30, 2008

Citations

No. 09-08-294 CR (Tex. App. Jul. 30, 2008)