Court of Civil Appeals of Texas, 2004

Dwayne Joseph Horace v. State

Dwayne Joseph Horace v. State
Court of Civil Appeals of Texas · Decided May 20, 2004

Dwayne Joseph Horace v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-166 CR

____________________



DWAYNE JOSEPH HORACE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 89968




MEMORANDUM OPINION (1)

Dwayne Joseph Horace was convicted and sentenced on an indictment for the felony offense of delivery of a controlled substance. Horace filed a notice of appeal on March 31, 2004. 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 also certified that Horace waived in writing any right to appeal. The trial court's certification has been provided to the Court of Appeals by the district clerk.

On April 7, 2004, 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 May 20, 2004

Do Not Publish

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

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

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