Court of Civil Appeals of Texas, 2006

Kavan Wayne McLaughlin v. State

Kavan Wayne McLaughlin v. State
Court of Civil Appeals of Texas · Decided May 17, 2006

Kavan Wayne McLaughlin v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-06-031 CR

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KAVAN WAYNE MCLAUGHLIN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 93016




MEMORANDUM OPINION

Kavan Wayne McLaughlin was placed on deferred adjudication community supervision on an indictment for aggravated family assault. McLaughlin filed a pro se notice of appeal on January 25, 2006. 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.

We notified the parties that the appeal would be dismissed unless an amended certification was filed and made a part of the appellate record. See Tex. R. App. P. 37.1. We provided thirty days notice to the appellant, who filed notice of appeal pro se, and to his appointed trial counsel. (1) We have received no response. 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); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); see also Hargesheimer v. State, 182 S.W.3d 906, 913 (Tex. Crim. App. 2006).

Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.



____________________________

DAVID GAULTNEY

Justice





Opinion Delivered May 17, 2006

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.

1.An amended certification is obtained in the trial court. Counsel represents appellant until "appeals are exhausted, or the attorney is relieved of his duties by the court or replaced by other counsel after a finding of good cause is entered on the record." Tex. Code Crim. Proc. Ann. art. 26.04 (j)(2) (Vernon Supp. 2005).

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