From Casetext: Smarter Legal Research

Hardin v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 27, 2003
Nos. 09-03-095 CR, 09-03-096 CR (Tex. App. Mar. 27, 2003)

Summary

stating that court "notified the parties that the appeals would be dismissed unless amended certifications were filed within thirty days of the date of the notices and made part of the appellate records. . . . See Tex.R.App.P. 37.1."

Summary of this case from Daniels v. State

Opinion

Nos. 09-03-095 CR, 09-03-096 CR

Opinion Delivered March 27, 2003. DO NOT PUBLISH.

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. 87483 and 87484. APPEALS DISMISSED.

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


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


Lawrence Hardin entered guilty pleas to separate indictments for aggravated robbery. The appellant concedes that a plea bargain agreement between Hardin and the State limited the upper range of punishment. Following that agreement, the trial court convicted Hardin and assessed punishment in each case at 15 years of confinement in the Texas Department of Criminal Justice, Institutional Division. Hardin filed pro se notices of appeal on February 11, 2003. In each case, 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 certifications are included in the records on appeal. On February 19, 2003, we notified the parties that the appeals would be dismissed unless amended certifications were filed within thirty days of the date of the notices and made part of the appellate records by March 21, 2003. See Tex.R.App.P. 37.1. The records have not been supplemented with amended certifications. In each case, 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 appeals for want of jurisdiction.


Summaries of

Hardin v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 27, 2003
Nos. 09-03-095 CR, 09-03-096 CR (Tex. App. Mar. 27, 2003)

stating that court "notified the parties that the appeals would be dismissed unless amended certifications were filed within thirty days of the date of the notices and made part of the appellate records. . . . See Tex.R.App.P. 37.1."

Summary of this case from Daniels v. State
Case details for

Hardin v. State

Case Details

Full title:LAWRENCE HARDIN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 27, 2003

Citations

Nos. 09-03-095 CR, 09-03-096 CR (Tex. App. Mar. 27, 2003)

Citing Cases

Daniels v. State

See Tex.R.App.P. 25.2(a)(2)(B). We hold the proper course of action is to issue the notice provided for in…