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Hess v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 18, 2004
No. 09-04-058 CR (Tex. App. Mar. 18, 2004)

Opinion

No. 09-04-058 CR.

Opinion Delivered March 18, 2004. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 88203. Appeal Dismissed.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION

§ 47.4.


Michael Hess was convicted and sentenced on an indictment for burglary of a building. Hess filed a notice of appeal on January 14, 2004. 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 § 25.2(a)(2). The trial court's certification has been provided to the Court of Appeals by the district clerk. On February 3, 2004, we notified the parties that the appeal would be dismissed unless an amended certification was filed within thirty days of the date of the notice and made a part of the appellate record. See § 37.1. The record has not been supplemented with an amended certification. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeal must be dismissed. See § 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction.


Summaries of

Hess v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 18, 2004
No. 09-04-058 CR (Tex. App. Mar. 18, 2004)
Case details for

Hess v. State

Case Details

Full title:MICHAEL HESS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 18, 2004

Citations

No. 09-04-058 CR (Tex. App. Mar. 18, 2004)