Frank Cantrell v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-047 CR ____________________

FRANK CANTRELL, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 99-04-02567-CR

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  MEMORANDUM OPINION ⁽¹⁾

On January 16, 2003, Frank Cantrell filed a notice of appeal from a judgment nunc pro tunc. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is not a plea-bargain case, but the defendant has no right to appeal the judgment nunc pro tunc. The trial court's certification has been provided to the Court of Appeals by the district clerk. See Tex. R. App. P. 25.2(d).

On February 27, 2003, 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 by April 17, 2003. See Tex. R. App. P. 37.1. On March 31, 2003, the appellant filed a motion to withdraw his notice of appeal; however, the Court declines to rule on the motion because it is not personally signed by the appellant. See Tex. R. App. P. 42.2. 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.

PER CURIAM

Opinion Delivered April 24, 2003

Do Not Publish

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

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