Deckard v. State

Full title: BENJAMIN WA YNE DECKARD, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court: COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Dec 16, 2015

NO. 12-15-00264-CR (Tex. App. Dec. 16, 2015)

Opinion

NO. 12-15-00264-CR

12-16-2015

BENJAMIN WA YNE DECKARD, APPELLANT v. THE STATE OF TEXAS, APPELLEE

PER CURIAM

APPEAL FROM THE 3RD JUDICIAL DISTRICT COURT ANDERSON COUNTY, TEXASMEMORANDUM OPINION

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of three first degree felony and one state jail felony controlled substance offenses. In the first degree felony cases, he was sentenced to imprisonment for sixty, sixty, and fifty years, respectively. In the state jail felony case, he was sentenced to confinement for two years. 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). The certification should be part of the record when notice is filed, but may be added by timely amendment or supplementation. Id. Appellant's notice of appeal does not include the required certification.

On December 4, 2015, this court notified Appellant through his counsel, pursuant to Texas Rules of Appellate Procedure 25.2 and 37.1, that the notice of appeal does not include the trial court certification. The notice also informed Appellant that the appeal would be dismissed unless, on or before December 14, 2015, the clerk's record was amended to include the required certification.

The deadline for responding to this court's notice has expired, and the clerk's record has not been amended to show Appellant's right to appeal. Therefore, the appeal is dismissed for want of jurisdiction. Opinion delivered December 16, 2015.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

JUDGMENT

Appeal from the 3rd District Court of Anderson County, Texas (Tr.Ct.No. 31819)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this 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 this 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.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.