James Reason Elia v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-07-375 CR

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JAMES REASON ELIA, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 98793




MEMORANDUM OPINION

On June 25, 2007, James Reason Elia was sentenced on a conviction for murder. Elia filed a notice of appeal on July 9, 2007. 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 has been provided to the Court of Appeals by the district clerk.

On July 24, 2007, 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. 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.







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STEVE McKEITHEN

Chief Justice



Opinion Delivered September 5, 2007

Do Not Publish



Before McKeithen, C.J., Kreger and Horton, JJ.