Court of Civil Appeals of Texas, 2003

James Ivan Masterson, Jr. v. State

James Ivan Masterson, Jr. v. State
Court of Civil Appeals of Texas · Decided December 18, 2003

James Ivan Masterson, Jr. v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-03-522 CR

____________________



JAMES IVAN MASTERSON, JR., Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 359th District Court

Montgomery County, Texas

Trial Cause No. 03-05-03783-CR




MEMORANDUM OPINION (1)

James Ivan Masterson, Jr., was convicted and sentenced on an indictment for driving while intoxicated. Masterson filed a notice of appeal on August 11, 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 10, 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Do Not Publish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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.