Opinion
No. 06-05-00115-CR
Submitted: August 3, 2005.
Decided: August 4, 2005. DO NOT PUBLISH.
On Appeal from the 6th Judicial District Court Fannin County, Texas Trial Court No. 20522
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Otis Jackson Hughes appeals from the adjudication of his guilt for the offense of burglary of a habitation. On January 21, 2003, Hughes pled guilty to the offense, and the trial court deferred the adjudication of his guilt and placed him on three years' community supervision. Hughes' guilt was adjudicated March 31, 2005, and the trial court sentenced him to twelve years' imprisonment. Hughes appeals from the trial court's determination to adjudicate his guilt on the original offense. The trial court filed a certification, in accordance with Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure, reciting that "the defendant has waived the right to appeal" and has "no [right] to appeal motion to adjudicate." We have jurisdiction to determine whether we have jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996). If a certification showing that the defendant has the right to appeal is not made a part of the appellate record, we must dismiss the case unless the record indicates that an appellant may have the right to appeal. See Dears v. State, 154 S.W.3d 610, 612 (Tex.Crim.App. 2005); Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex.Crim.App. 2005). Nothing in the record indicates that the certification is in error or that Hughes has a right to appeal. We hold that we lack jurisdiction over this appeal, and dismiss the appeal for want of jurisdiction.
Hughes filed a pro se notice of appeal April 11, 2005. The clerk's record was filed June 10, 2005. On June 10, 2005, we notified the parties and the trial court that the record did not contain a certification of the defendant's right to appeal. On June 22, 2005, a supplemental clerk's record containing a certification that Hughes did not have a right to appeal was filed with this Court.
Effective January 1, 2003, the Texas Rules of Appellate Procedure were amended. Hughes' notice of appeal invoking appellate jurisdiction was filed after the effective date of the amended rules. The amended rules therefore apply to this appeal. Rule 25.2(a) was amended to read, in pertinent part:
(2). . . . A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case — that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — a defendant may appeal only:
(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court's permission to appeal.
Tex.R.App.P. 25.2(a).