Michael Eugene Potts v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-07-140 CR

____________________



MICHAEL EUGENE POTTS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 410th District Court

Montgomery County, Texas

Trial Cause No. 06-04-03289-CR




MEMORANDUM OPINION

Michael Eugene Potts was convicted and sentenced on an indictment for theft. Potts filed a notice of appeal on February 26, 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 March 8, 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.

HOLLIS HORTON

Justice



Opinion Delivered May 9, 2007

Do Not Publish

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