David Earl Flowers v. State ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-489 CR ______________________ DAVID EARL FLOWERS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 95122

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  MEMORANDUM OPINION

On September 18, 2007, the trial court sentenced David Earl Flowers on a conviction for burglary of a habitation. Flowers filed a notice of appeal on September 27, 2007. 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 district clerk has provided the trial court's certification to the Court of Appeals.

On October 2, 2007, we notified the parties that we would dismiss the appeal unless the trial court filed an amended certification within thirty days of the date of the notice and made it a part of the appellate record. See Tex. R. App. P. 37.1. The trial court has not supplemented the record with an amended certification.

Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

DAVID GAULTNEY

Justice

Opinion Delivered November 28, 2007

Do Not Publish

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