Court of Civil Appeals of Texas, 2003

Ester Gaines v. State

Ester Gaines v. State
Court of Civil Appeals of Texas · Decided June 19, 2003

Ester Gaines v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-03-183 CR

____________________



ESTER GAINES, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 66854




MEMORANDUM OPINION (1)

Ester Gaines was convicted and sentenced on an indictment for possession of a controlled substance. Gaines filed a notice of appeal on April 10, 2003. The trial court entered a certification of the defendant's right to appeal in which the court certified that as part of a plea-bargain agreement, the defendant waived in writing any 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 May 1, 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 June 19, 2003

Do Not Publish

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

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

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