in the Matter of the Marriage of Frances Marie McClure and Malcolm Wright McClure and in the Interest of Patrick Joe McClure, Minor Child
in the Matter of the Marriage of Frances Marie McClure and Malcolm Wright McClure and in the Interest of Patrick Joe McClure, Minor Child
Opinion
Frances Marie McClure has filed a notice of appeal from the division of property in her divorce from Malcolm Wright McClure. The judgment was signed February 3, 2003. The clerk's record is required in an appeal, and it was due on or before April 4, 2003. The clerk's record has not been filed. Appellant is not indigent and is thus responsible for paying or making adequate arrangements to pay the clerk's fees for preparing the record. See Tex. R. App. P. 37.3(b).
On May 5, 2003, we contacted counsel by letter to provide notice and an opportunity to cure the defect, directing him to respond on or before May 15, and warning him that, if we did not receive an adequate response by that date, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b), (c).
Counsel has not contacted this Court. The clerk's record has not been filed, and the district clerk's office has informed our clerk that no arrangements have been made to pay for its preparation.
The appeal is dismissed.
Donald R. Ross
Justice
Date Submitted: May 28, 2003
Date Decided: May 29, 2003
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-11-00146-CR
______________________________
VIRGLE WAYNE GRANBERRY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Sixth Judicial District Court
Lamar County, Texas
Trial Court No. 23820
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Virgle Wayne Granberry has filed a pro se notice of appeal from his conviction for aggravated sexual assault of a disabled person. On our review of the clerks record, we noted that the trial courts certification of right of appeal stated that this was a plea agreement case and that Granberry has no right of appeal.
Unless a certification, showing that a defendant has the right of appeal, is in the record, we must dismiss the appeal. See Tex. R. App. P. 25.2(d).
Because the trial courts certification affirmatively shows Granberry has no right of appeal, and because the record before us does not reflect that the certification is incorrect, see Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005), we must dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: August 2, 2011
Date Decided: August 3, 2011
Do Not Publish
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