Opinion
No. 09-05-358 CR
Opinion Delivered September 21, 2005. DO NOT PUBLISH.
On Appeal from the 88th District Court, Hardin County, Texas, Trial Cause No. 16559. Appeal Dismissed.
Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.
MEMORANDUM OPINION
Mack Whitley was convicted and sentenced on an indictment for driving while intoxicated. Whitley filed a notice of appeal on August 4, 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 August 10, 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.