Alexander Sachez Yuriar v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-453 CR ____________________

ALEXANDER SANCHEZ YURIAR, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 90978

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MEMORANDUM OPINION

Alexander Sanchez Yuriar was convicted and sentenced on an indictment for burglary of a habitation. Yuriar filed a notice of appeal on September 19, 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. Appellant argues the sentence was "oppressive" because he had no prior criminal record, his lawyer did not explain "the chain of evidence" and the effect of witness statements, and his punishment was not agreed upon as part of the plea-bargain. He asks for a new trial. The appellant does not identify, however, an issue that directly and distinctly relates to punishment and not the decision to adjudicate. 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Do Not Publish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 McKeithen, C.J., Gaultney and Horton, JJ.