Alexander Jervon McMillon v. State ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-08-230 CR ______________________

ALEXANDER JERVON MCMILLON, Appellant

V.

THE STATE OF TEXAS, Appellees

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 06-12-11847-CR

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MEMORANDUM OPINION

On April 7, 2008, the trial court sentenced Alexander Jervon McMillon on a conviction for aggravated sexual assault of a child. McMillon filed a notice of appeal on May 6, 2008. 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 May 13, 2008, we notified the parties that we would dismiss the appeal unless an amended certification was filed within fifteen days of the date of the notice and made a part of the appellate record. See Tex. R. App. P. 25.2(f). The record has not been supplemented 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 June 25, 2008

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.