NO. 12-04-00347-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
KALVIN DEWAYNE HARRIS, § APPEAL FROM THE 241ST
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
THE STATE OF TEXAS,
APPELLEE § SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 44.3. Appellant was sentenced on September 28, 2004. Thereafter, on October 25, 2004, Appellant filed a notice of appeal that failed to contain the trial court’s certification as required by Texas Rule of Appellate Procedure 25.2(d). The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the appellate record. Tex. R. App. P. 25.2(d).
On November 24, 2004, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rule 25.2(d). Appellant was further notified that unless he filed a corrected notice of appeal on or before December 6, 2004, the appeal would be referred to the court for dismissal.
The deadline specified in the notice to Appellant has passed, and Appellant has failed to correct his defective notice of appeal. Accordingly, the appeal is dismissed.
Opinion delivered December 8, 2004.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.