Court of Civil Appeals of Texas, 2005

Farrain Joseph Comeaux v. State

Farrain Joseph Comeaux v. State
Court of Civil Appeals of Texas · Decided February 2, 2005

Farrain Joseph Comeaux v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-545 CR

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FARRAIN JOSEPH COMEAUX, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 91487




MEMORANDUM OPINION (1)

Farrain Joseph Comeaux was convicted of theft and sentenced to 15 years of imprisonment. Comeaux filed a notice of appeal on December 16, 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's certification has been provided to the Court of Appeals by the district clerk.

On December 30, 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 February 2, 2005

Do Not Publish

Before Gaultney, Kreger and Horton, JJ.

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

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