Ewalt v. State

Full title: SEAN EWALT, APPELLANT v. THE STATE OF TEXAS, APPELLEE

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

Date published: Jul 31, 2009

No. 12-09-00211-CR (Tex. App. Jul. 31, 2009)

Opinion

No. 12-09-00211-CR

Opinion delivered July 31, 2009. DO NOT PUBLISH

Appeal from the County Court at Law No. 3 of Smith County, Texas. (Tr.Ct. No. 003-84916-08).

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

MEMORANDUM OPINION

PER CURIAM.

This appeal is being dismissed for want of jurisdiction. After a guilty plea, Appellant was convicted of theft of property having a value of more than $50 but less than $500. Punishment was assessed at confinement for sixty days. 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 July 16, 2009, 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 July 27, 2009, 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 .

JUDGMENT

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. Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 31st day of July, 2009, the cause upon appeal to revise or reverse your judgment between 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___.