Opinion
No. 09-03-522-CR
Opinion Delivered December 18, 2003. Do Not Publish.
On Appeal from the 359th District Court, Montgomery County, Texas, Trial Cause No. 03-05-03783-Cr. Appeal Dismissed.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
James Ivan Masterson, Jr., was convicted and sentenced on an indictment for driving while intoxicated. Masterson filed a notice of appeal on August 11, 2003. 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 trial court's certification has been provided to the Court of Appeals by the district clerk. On November 10, 2003, 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 TEX. R. APP. P. 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 TEX. R. APP. P. 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction.