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Sizemore v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 21, 2003
No. 09-03-308-CR (Tex. App. Aug. 21, 2003)

Opinion

No. 09-03-308-CR

Opinion Delivered August 21, 2003. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 85435.

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


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


Joseph Michael Sizemore was convicted and sentenced on an indictment for burglary of a habitation. Sizemore filed a notice of appeal on June 27, 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 July 8, 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. APPEAL DISMISSED.


Summaries of

Sizemore v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 21, 2003
No. 09-03-308-CR (Tex. App. Aug. 21, 2003)
Case details for

Sizemore v. State

Case Details

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

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

Date published: Aug 21, 2003

Citations

No. 09-03-308-CR (Tex. App. Aug. 21, 2003)