Kenneth Hardin v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-03-089 CR ____________________

KENNETH HARDIN, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 80975

---

MEMORANDUM OPINION ⁽¹⁾  

Kenneth Hardin entered a no contest plea to indecency with a child. A plea bargain agreement between Hardin and the State provided for a joint recommendation of deferred adjudication. Following the agreement, the trial court deferred adjudication of guilt and placed Hardin on community supervision. In subsequent proceedings, the trial court proceeded with adjudication of guilt and sentenced Hardin to eight years of confinement in the Texas Department of Criminal Justice, Institutional Division. Hardin filed a pro se notice of appeal on January 27, 2003.

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 is included in the record on appeal.   

On February 14, 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 March 16, 2003. 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.

PER CURIAM

Opinion Delivered April 10, 2003

Do Not Publish

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

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