Court of Civil Appeals of Texas, 2003

MacK Whittington v. State

MacK Whittington v. State
Court of Civil Appeals of Texas · Decided April 10, 2003

MacK Whittington v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-03-086 CR

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MACK WHITTINGTON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 83393




MEMORANDUM OPINION (1)

Mack Whittington was convicted of possession of a controlled substance and was sentenced to one year of confinement in the Texas Department of Criminal Justice, State Jail Division. Whittington filed a pro se notice of appeal on February 6, 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 February 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 by March 14, 2003. 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 April 10, 2003

Do Not Publish



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

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

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