Thomas Charles Boruch v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-460 CR ____________________

THOMAS CHARLES BORUCH, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 04-09-07275-CR

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MEMORANDUM OPINION

Thomas Charles Boruch was convicted and sentenced on an indictment for sexual assault. Boruch filed a notice of appeal on October 17, 2005. 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 October 19, 2005, 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.

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DAVID GAULTNEY

Justice

Opinion Delivered December 7, 2005

Do Not Publish

Before Gaultney, Kreger and Horton, JJ.