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Breaux v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2004
No. 09-04-310 CR (Tex. App. Aug. 26, 2004)

Opinion

No. 09-04-310 CR

Opinion Delivered August 26, 2004. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 85808. Appeal Dismissed.

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


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


Batiste Joseph Breaux, Jr. was convicted and sentenced on an indictment for burglary of a habitation. Breaux filed a notice of appeal on July 2, 2004. 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 15, 2004, 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.


Summaries of

Breaux v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2004
No. 09-04-310 CR (Tex. App. Aug. 26, 2004)
Case details for

Breaux v. State

Case Details

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

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

Date published: Aug 26, 2004

Citations

No. 09-04-310 CR (Tex. App. Aug. 26, 2004)