COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
HECTOR HERNANDEZ, )
) No. 08-05-00087-CR
Appellant, )
) Appeal from the
v. )
) County Court at Law #1
THE STATE OF TEXAS, )
) of El Paso County, Texas
Appellee. )
) (TC# 20030C12286)
)
O P I N I O N
Appellant Hector Hernandez attempts to appeal from a judgment adjudicating him guilty of driving while intoxicated. Over Appellant=s not guilty plea, the jury found Appellant guilty of the offense and assessed punishment at 180 days= confinement in a county jail, probated to 15 months community supervision, a fine of $750, and $256 in court costs. Finding that Appellant has not complied with Rule 25.2 of the Texas Rules of Appellate Procedure, we dismiss the appeal.
Rule 25.2 governs the defendant=s right to appeal in a criminal case. This rule provides in part:
A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant=s right of appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case--that is, a case in which defendant=s plea is guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant--a defendant may appeal only:
(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court=s permission to appeal.
Tex.R.App.P. 25.2(a)(2).
The rule also provides the following:
(d) Certification of Defendant=s Rights of Appeal. If the defendant is the appellant, the record must include the trial court=s certification of the defendant=s right of appeal under Rule 25.2(a)(2). The certification should be part of the record when notice is filed, but may be added by timely amendment or supplementation under this rule or Rule 34.5(c)(1) or Rule 37.1 or by order of the appellate court under Rule 34.5(c)(2). The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.
Tex.R.App.P. 25.2(d).
Appellant=s notice of appeal included an unsigned and undated Rule 25.2(a)(2) trial certification form. This Court notified Appellant on April 18, 2005, that a certification had not been filed and requested that Appellant file an amended notice of appeal within thirty days or the appeal would be dismissed pursuant to Rule 25.2(d). See Tex.R.App.P. 25.2(d)(AThe appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.@). As of this date, Appellant has not filed an amended
notice of appeal.[1] Accordingly, the appeal is dismissed.
June 16, 2005
DAVID WELLINGTON CHEW, Justice
Before Barajas, C.J., McClure, and Chew, JJ.
(Do Not Publish)
[1] On May 2, 2005, this Court also informed Appellant by letter that the Court=s clerk received notification from the court reporter that the reporter=s record has not been prepared because no arrangements for its preparation have been made. The Court was also informed that Appellant=s counsel advised the court reporter that a motion to dismiss the appeal would be filed. The Court notified Appellant that no motion to dismiss the appeal has been received and directed Appellant to notify the Court immediately as to what arrangements have been made or intend to be made in order to have the reporter=s record prepared. As of this date, Appellant has not responded to this letter.