Timothy Wade Lewis v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-03-038 CR

NO. 09-03-039 CR

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TIMOTHY WADE LEWIS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause Nos. 76369 and 76739




MEMORANDUM OPINION

Timothy Wade Lewis entered guilty pleas to separate indictments for felony theft and possession of a controlled substance, cocaine. Following a plea bargain agreement between Lewis and the State, the trial court deferred adjudication of guilt in both cases and placed Lewis on community supervision for four years. In subsequent proceedings, the trial court proceeded to adjudicate guilt, convicted Lewis, and assessed punishment in each case at one year of confinement in a state jail facility. Lewis filed pro se notices of appeal on January 8, 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 are included in the records on appeal.

On January 15, 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 a part of the appellate records by February 14, 2003. See Tex. R. App. P. 37.1. The records have not been supplemented with amended certifications. In each case, 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 appeals for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM



Opinion Delivered March 6, 2003

Do Not Publish



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