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Henry v. State

Court of Appeals of Texas, Ninth District, Beaumont
May 11, 2005
No. 09-05-133 CR (Tex. App. May. 11, 2005)

Opinion

No. 09-05-133 CR

Opinion Delivered May 11, 2005. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 81120. Appeal Dismissed.

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


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


Derrick Dewayne Henry was convicted and sentenced on an indictment for aggravated assault. Henry filed a notice of appeal on March 28, 2005. 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 April 5, 2005, 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.


Summaries of

Henry v. State

Court of Appeals of Texas, Ninth District, Beaumont
May 11, 2005
No. 09-05-133 CR (Tex. App. May. 11, 2005)
Case details for

Henry v. State

Case Details

Full title:DERRICK DEWAYNE HENRY, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 11, 2005

Citations

No. 09-05-133 CR (Tex. App. May. 11, 2005)