Francisco Tovar v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-06-552 CR

____________________



FRANCISCO TOVAR, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 98426




MEMORANDUM OPINION

Francisco Tovar was convicted and sentenced on an indictment for possession of marijuana. Tovar filed a notice of appeal on December 7, 2006. 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 December 19, 2006, 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 January 31, 2007

Do Not Publish



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