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Comisky v. State

Court of Appeals of Texas, Ninth District, Beaumont
Nov 15, 2006
No. 09-06-222 CR (Tex. App. Nov. 15, 2006)

Opinion

No. 09-06-222 CR

Opinion Delivered November 15, 2006. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 97007. Appeal Dismissed.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


Kathryn Comisky was convicted and sentenced on an indictment for burglary of a habitation. Comisky filed a notice of appeal on May 19, 2006. 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 September 28, 2006, 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

Comisky v. State

Court of Appeals of Texas, Ninth District, Beaumont
Nov 15, 2006
No. 09-06-222 CR (Tex. App. Nov. 15, 2006)
Case details for

Comisky v. State

Case Details

Full title:KATHRYN COMISKY, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 15, 2006

Citations

No. 09-06-222 CR (Tex. App. Nov. 15, 2006)