John Lee Melebeck v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-03-435 CR

NO. 09-03-436 CR

NO. 09-03-437 CR

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JOHN LEE MELEBECK, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 87758, 88007 and 88186




MEMORANDUM OPINION (1)

John Lee Melebeck was convicted of the offense of arson in Cause No. 87758, and of the offense of burglary of a habitation in Cause Nos. 88007 and 88186. Melebeck filed notice of appeal on September 11, 2003. In each case, 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 certifications have been provided to the Court of Appeals by the district clerk.

On September 16, 2003, we notified the parties that the appeals would be dismissed unless amended certifications were filed within thirty days of the date of the notices and made part of the appellate records by October 16, 2003. See Tex. R. App. P. 37.1. The records have not been supplemented with amended certifications. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeals must be dismissed. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeals for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM



Opinion Delivered October 30, 2003

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.