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Whittington v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 31, 2005
No. 09-05-342 CR (Tex. App. Aug. 31, 2005)

Opinion

No. 09-05-342 CR

Opinion Delivered August 31, 2005. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 85244. Appeal dismissed.

Before GAULTNEY, KREGER and HORTON, JJ.


MEMORANDUM OPINION


Brenda L. Whittington was convicted and sentenced on an indictment for felony theft. Whittington filed a notice of appeal on July 20, 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 July 29, 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 parties have not identified any issues unrelated to the appellant's conviction and 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

Whittington v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 31, 2005
No. 09-05-342 CR (Tex. App. Aug. 31, 2005)
Case details for

Whittington v. State

Case Details

Full title:BRENDA L. WHITTINGTON, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 31, 2005

Citations

No. 09-05-342 CR (Tex. App. Aug. 31, 2005)