Court of Civil Appeals of Texas, 2005

Randy Gene Brazeal v. State

Randy Gene Brazeal v. State
Court of Civil Appeals of Texas · Decided November 1, 2005

Randy Gene Brazeal v. State

Opinion

NO. 07-05-0222-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 1, 2005 ______________________________ RANDY BRAZEAL, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 47TH DISTRICT COURT OF RANDALL COUNTY; NO. 16,715-A; HON. HAL MINER, PRESIDING _______________________________ ORDER OF DISMISSAL _______________________________ Before QUINN, C.J., and REAVIS and HANCOCK, JJ.

Appellant, Randy Brazeal, appeals his theft conviction. However, the record does not contain a certification of his right to appeal as required by Texas Rule of Appellate Procedure 25.2(d). By letter dated September 9, 2005, this court notified the trial court, the district clerk, the district attorney and appellant’s attorney of this omission and the need for the certification. More than 45 days have lapsed since all were notified of these circumstances, and the certification has yet to be filed. Consequently, we dismiss the appeal. See TEX . R. APP. P. 25.2(d) (requiring that the appeal be dismissed if a certification that shows that the defendant has a right to appeal has not been made part of the record).

Accordingly, the appeal is dismissed.

Per Curiam Do not publish.

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