Opinion
No. 12-04-00077-CR
Opinion delivered May 19, 2004. DO NOT PUBLISH.
Appeal from the 123rd Judicial District Court of Shelby County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
This appeal is being dismissed because Appellant has no right to appeal. See TEX. R. APP. P. 25.2(2)(B). Appellant was sentenced on December 18, 2004 and filed a motion for new trial. Thereafter, on March 17, 2004, Appellant filed a notice of appeal that failed to contain the trial court's certification as required by Texas Rule of Appellate Procedure 25.2(c)(3)(B). On July 22, 2003, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rule 25.2(c)(3)(B). He was further notified that unless he filed a corrected notice of appeal on or before May 3, 2004, the appeal would be referred to the court for dismissal. TEX. R. APP. P. 42.3. In response to our request, Appellant has amended his notice of appeal to include copies of an Application for Permission to Appeal, filed in the trial court on May 13, 2004, and an order signed on the same day denying Appellant's application. Accordingly, the appeal is dismissed for want of jurisdiction.