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Luman v. State

Court of Appeals of Texas, Twelfth District, Tyler
Jul 26, 2006
No. 12-06-00167-CR (Tex. App. Jul. 26, 2006)

Opinion

No. 12-06-00167-CR

Opinion delivered July 26, 2006. DO NOT PUBLISH.

Appeal from the 217th Judicial District Court of Angelina County, Texas.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J.


MEMORANDUM OPINION


This appeal is being dismissed for want of jurisdiction. Appellant was convicted of possession of a controlled substance, methamphetamine, and punishment was assessed at imprisonment for ten years. 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. 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 June 19, 2006, this court notified Appellant through his counsel, pursuant to Texas Rules of Appellate Procedure 25.2 and 37.2, 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 19, 2006, the clerk's record was amended to include the required certification. See TEX. R. APP. P. 44.3. 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.


Summaries of

Luman v. State

Court of Appeals of Texas, Twelfth District, Tyler
Jul 26, 2006
No. 12-06-00167-CR (Tex. App. Jul. 26, 2006)
Case details for

Luman v. State

Case Details

Full title:KEVIN LUMAN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jul 26, 2006

Citations

No. 12-06-00167-CR (Tex. App. Jul. 26, 2006)