Roy Eugene Ussery v. State ( 2003 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-00852-CR

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ROY EUGENE USSERY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 941215

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MEMORANDUM OPINION

               On July 23, 2003, appellant entered into an agreement with the State in which he stipulated he was the same person who had been convicted of burglary of a building in cause number 941215 and placed on community supervision for five years. He further stipulated that he violated the terms of his community supervision and intended to enter a plea of true to the State’s motion to revoke. Appellant also agreed to the State’s punishment recommendation of 18 months in state jail to run concurrently with his conviction in cause number 955938. The trial court revoked appellant’s community supervision and sentenced him to confinement in state jail for 18 months. The trial court’s certification of the right to appeal states that this is a plea-bargained case, and appellant has no right to appeal. Appellant filed a timely pro se notice of appeal, and the trial court appointed counsel to represent him.

               On September 4, 2003, we notified the parties that the appeal would be dismissed in accordance with the Texas Rules of Appellate Procedure unless an amended certification, showing that appellant had the right to appeal, was made part of the appellate record no later than September 25, 2003. No amended certification has been filed.

               We must dismiss an appeal unless the record includes a certification that shows the appellant has the right of appeal. See Tex. R. App. P. 25.2(d).

               Accordingly, we order the appeal dismissed.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).