Elliott Recardo Duncan v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-04-092 CR

NO. 09-04-093 CR

NO. 09-04-094 CR

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ELLIOTT RECARDO DUNCAN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 87797, 89078 and 90074




MEMORANDUM OPINION (1)

Elliott Recardo Duncan was convicted of the offense of possession of a controlled substance in Cause Nos. 87797, 89078 and 90074. Duncan filed notice of appeal on February 19, 2004. 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 February 24, 2004, 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. 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 April 8, 2004

Do Not Publish

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

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