Breaux v. State

Full title: TONY JOSEPH BREAUX, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 26, 2005

No. 12-05-00279-CR (Tex. App. Oct. 26, 2005)

Opinion

No. 12-05-00279-CR

Opinion delivered October 26, 2005. DO NOT PUBLISH.

Appeal from the 124th Judicial District Court of Gregg County, Texas.

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

MEMORANDUM OPINION

PER CURIAM.

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of possession of a controlled substance with intent to deliver. His punishment was assessed at twenty years of imprisonment. 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 under Texas Rule of Appellate Procedure 25.2(a)(2). TEX. R. APP. P. 25.2(d). However, Appellant's notice of appeal does not include the required certification. On September 15, 2005, this Court notified Appellant, 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 unless he filed a proper notice of appeal on or before October 17, 2005, the appeal would be referred to the Court for dismissal. The deadline for responding to this Court's notice has expired, and Appellant has failed to provide the required certification. Therefore, the appeal is dismissed for want of jurisdiction. THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be DISMISSED. It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION, and that this decision be certified to the court below for observance.

THE STATE OF TEXAS MANDATE

TO THE 124TH JUDICIAL DISTRICT COURT OF GREGG COUNTY, GREETINGS: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 26th day of October, 2005, the cause upon appeal to revise or reverse your judgment between

TONY JOSEPH BREAUX, Appellant

NO. 12-05-00279-CR; Trial Court No. 30,329-B

By per curiam opinion.

THE STATE OF TEXAS, Appellee

was determined; and therein our said Court made its order in these words: "THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be DISMISSED. It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION, and that this decision be certified to the court below for observance." WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed. WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of _____________, 200____. CATHY S. LUSK, CLERK By:_______________________________ Deputy Clerk [1]J.11 DISMISSED FOR WANT OF JURISDICTION — Vanilla