Carnell Seals v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-05-428 CR NO. 09-05-429 CR ____________________

CARNELL SEALS, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 94288 and 94289

---

MEMORANDUM OPINION

Carnell Seals was convicted of the offense of delivery of a controlled substance in Cause Nos. 94288 and 94289. Seals filed notice of appeal on September 12, 2005. 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 September 20, 2005, 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 records. 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.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered November 16, 2005

Do Not Publish

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