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Darby v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jul 25, 2007
No. 09-07-258 CR (Tex. App. Jul. 25, 2007)

Opinion

No. 09-07-258 CR

Opinion Delivered July 25, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 07 00330.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION


Donald Ray Darby, Jr. a/k/a Donald Ray Darby was convicted and sentenced on an indictment for unauthorized use of a vehicle. Darby filed a notice of appeal on May 18, 2007. 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 May 23, 2007, 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

Darby v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jul 25, 2007
No. 09-07-258 CR (Tex. App. Jul. 25, 2007)
Case details for

Darby v. State

Case Details

Full title:DONALD RAY DARBY, JR. a/k/a DONALD RAY DARBY, Appellant v. THE STATE OF…

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

Date published: Jul 25, 2007

Citations

No. 09-07-258 CR (Tex. App. Jul. 25, 2007)