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Frasier v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jan 8, 2004
No. 09-03-535 CR (Tex. App. Jan. 8, 2004)

Opinion

No. 09-03-535 CR.

Opinion Delivered January 8, 2004. DO NOT PUBLISH.

On Appeal from the Criminal District Court, Jefferson County, Texas, Trial Cause No. 79135.

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


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


Eric Dwayne Frasier was convicted and sentenced on an indictment for burglary of a habitation. Frasier filed a notice of appeal on November 5, 2003. 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 November 19, 2003, 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

Frasier v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jan 8, 2004
No. 09-03-535 CR (Tex. App. Jan. 8, 2004)
Case details for

Frasier v. State

Case Details

Full title:ERIC DWAYNE FRASIER, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 8, 2004

Citations

No. 09-03-535 CR (Tex. App. Jan. 8, 2004)