Opinion
No. 06-03-00049-CR.
July 28, 2003.
July 29, 2003. DO NOT PUBLISH.
On Appeal from the 6th Judicial District Court, Fannin County, Texas, Trial Court No. 20557.
Before Morriss, C.J., Ross and Carter, JJ.
MEMORANDUM OPINION
Michael Wayne McCollum has filed an appeal from his conviction on his plea of guilty, under a plea agreement, to the offense of aggravated assault with a deadly weapon. He was sentenced in accordance with the agreement to eighteen years' imprisonment and a restitution order of $200,000.00. On April 21, 2003, we wrote counsel, informing him we had noted a defect in the appeal because the record did not contain a certification of McCollum's right to appeal. Tex.R.App.P. 25.2(d) now requires a certification to be made part of the record in every appeal filed by an appellant. That certification is a form which is an appendix to the rule and provides a certification by the trial court of the defendant's right to appeal. If the certification is not made part of the record, under the rule we have no option but to dismiss the appeal. In our letter, we warned counsel that, if we did not receive the certification within ten days of the date of our letter, we would dismiss the appeal. As of the date of this opinion, counsel has not contacted this Court and no certification has been filed. We dismiss the appeal.