Kenneth Author Hoffpauir v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-03-050 CR

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KENNETH AUTHOR HOFFPAUIR, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 85281




MEMORANDUM OPINION

Kenneth Author Hoffpauir entered a no contest plea to indecency with a child. A plea bargain agreement between Hoffpauir and the State limited the upper range of punishment. Following the agreement, the trial court found Hoffpauir to be a repeat offender and assessed a sentence of thirty years of confinement in the Texas Department of Criminal Justice, Institutional Division. Hoffpauir filed a pro se notice of appeal on January 10, 2003.

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 is included in the record on appeal.

On January 22, 2003, 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 by February 21, 2003. 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.

APPEAL DISMISSED.

PER CURIAM



Opinion Delivered March 6, 2003

Do not publish



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