Calvin Lee Cooper, Jr. v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-452 CR ____________________

CALVIN LEE COOPER, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 82712

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MEMORANDUM OPINION

Calvin Lee Cooper, Jr., was convicted and sentenced on an indictment for attempted capital murder. Cooper filed a notice of appeal on October 10, 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 18, 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 parties have not identified any issues that distinctly relate to punishment rather than to the decision to adjudicate, and 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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CHARLES KREGER

Justice

Opinion Delivered December 7, 2005

Do Not Publish

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