Daniel L. Ferrell v. State ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-435 CR NO. 09-04-436 CR ____________________

DANIEL L. FERRELL, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. 75587 and 75588

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MEMORANDUM OPINION ⁽¹⁾  

Daniel L. Ferrell was convicted of the offense of aggravated sexual assault on a child in Cause No. 75587 and of sexual assault on a child in Cause No. 75588. Ferrell filed notice of appeal on October 5, 2004. In each case, 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 certifications have been provided to the Court of Appeals by the district clerk.

On October 20, 2004, we notified the parties that the appeals would be dismissed unless amended certifications were filed within thirty days of the date of the notices and made a part of the appellate record. See Tex. R. App. P. 37.1. The records have not been supplemented with amended certifications. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeals must be dismissed. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeals for want of jurisdiction.

APPEALS DISMISSED.

PER CURIAM

Opinion Delivered November 24, 2004

Do Not Publish

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

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