Michael Wayne McCollum has filed an appeal from his conviction on his plea of guilty, under a negotiated plea agreement, to the offense of aggravated assault with a deadly weapon. He was sentenced in accordance with the agreement to eighteen years' imprisonment and a restitution order of $200,000.00.

On April 21, 2003, we wrote counsel, informing him that we had noted a defect in the appeal, because the record did not contain a certification of McCollum's right to appeal.

Tex. R. App. P. 25.2(d) now requires a certification to be made part of the record in every appeal filed by a defendant. That certification is a form which is an appendix to the rule, and provides a certification by the trial court of the defendant's right to appeal. If the certification is not made part of the record, under the rule, we have no option but to dismiss the appeal.

In our letter we warned counsel that, if we did not receive the certification within ten days of the date of our letter, we would dismiss the appeal. As of the date of this opinion, counsel has not contacted this Court and no certification has been filed.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: July 28, 2003

Date Decided: July 29, 2003

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