Opinion
NO. 12-16-00163-CR
05-10-2017
EDRICK REYNARD PONDER, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 273RD JUDICIAL DISTRICT COURT SAN AUGUSTINE COUNTY , TEXAS MEMORANDUM OPINION
This appeal is being dismissed for want of jurisdiction. Edrick Reynard Ponder pleaded guilty to aggravated assault and the trial court placed Appellant on eight years of deferred adjudication community supervision. The State subsequently moved for an adjudication of guilt. The trial court found Appellant guilty of aggravated assault and sentenced Appellant to imprisonment for ten years. 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. See TEX. R. APP. P. 25.2(d). The certification should be part of the record when the notice is filed, but may be added by timely amendment or supplementation. Id. The appeal must be dismissed when a certification that shows an appellant has the right to appeal has not been made a part of the record. Id. In this case, Appellant's notice of appeal does not include the required certification.
On April 25, 2017, this Court notified Appellant that the clerk's record failed to contain the trial court's certification of Appellant's right of appeal specifically required by Texas Rule of Appellate Procedure 25.2(d). The notice warned that, unless a supplemental clerk's record was filed with this Court in compliance with Rule 25.2(d), on or before May 5, 2017, the appeal would be referred to the Court for dismissal.
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. See TEX. R. APP. P. 25.2(d), 43.2(f); see also Nyameteh v . State , No. 12-16-00080-CR, 2016 WL 2766108 (Tex. App.—Tyler May 11, 2016, no pet.) (mem. op., not designated for publication). Opinion delivered May 10, 2017.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
The record contains a blank certification and a waiver of the right to appeal, both of which predate the judgment.
(DO NOT PUBLISH)
COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
Appeal from the 273rd District Court of San Augustine County, Texas (Tr.Ct.No. CR-14-8510)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this 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.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.