Court of Civil Appeals of Texas, 2008

Marvin Stacy Sims v. State

Marvin Stacy Sims v. State
Court of Civil Appeals of Texas · Decided November 19, 2008

Marvin Stacy Sims v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-08-425 CR
______________________



MARVIN STACY SIMS, Appellant



V.



THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Court No. 08-04030




MEMORANDUM OPINION

On August 25, 2008, the trial court sentenced Marvin Stacy Sims as a prior felony offender on a conviction for burglary of a building. Sims filed a notice of appeal on October 1, 2008. 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 district clerk has provided the trial court's certification to the Court of Appeals.

On October 3, 2008, we notified the parties that we would dismiss the appeal unless an amended certification was filed within fifteen days of the date of the notice and made a part of the appellate record. See Tex. R. App. P. 25.2(f). The record has not been supplemented with an amended certification.

Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

DAVID GAULTNEY

Justice



Opinion Delivered November 19, 2008

Do Not Publish



Before Gaultney, Kreger, and Horton, JJ.

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