Greg Erwin v. State ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-557 CR ____________________

GREG ERWIN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 07-01245

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MEMORANDUM OPINION

On October 15, 2007, the trial court sentenced Greg Erwin on a conviction for burglary of a building. Erwin filed a notice of appeal on November 1, 2007. 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 November 7, 2007, we notified the parties that we would dismiss the appeal unless the trial court filed an amended certification within thirty days of the date of the notice and made it a part of the appellate record. See Tex. R. App. P. 37.1. The trial court has not supplemented the record 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.

STEVE McKEITHEN

Chief Justice

Opinion Delivered December 19, 2007

Do Not Publish

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