Court of Civil Appeals of Texas, 2003

Kenneth Skillern v. State

Kenneth Skillern v. State
Court of Civil Appeals of Texas · Decided December 18, 2003

Kenneth Skillern v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-03-502 CR

____________________



KENNETH SKILLERN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 217th District Court

Angelina County, Texas

Trial Cause No. CR-23512




MEMORANDUM OPINION (1)

Kenneth Skillern was convicted and sentenced on an indictment for driving while intoxicated. Skillern filed a notice of appeal on October 24, 2003. 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 November 12, 2003, 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.

PER CURIAM



Opinion Delivered December 18, 2003

Do Not Publish

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

1. Tex. R. App. P. 47.4.

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