Richard Martin, II v. State ( 2005 )

                                           NO. 12-05-00318-CR

              IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

                             TYLER, TEXAS

RICHARD MARTIN, II,                                   §     APPEAL FROM THE 349TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                       §     HOUSTON COUNTY, TEXAS

                                                     MEMORANDUM OPINION

                                                                  PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of four counts of indecency with a child.  Punishment was assessed at forty years of imprisonment for each count.  Thereafter, Appellant filed a notice of appeal.  To be sufficient to invoke the appellate court’s full jurisdiction, the notice of appeal filed by an appellant in a criminal case must bear the trial court’s certification of the appellant’s right to appeal.  Tex. R. App. P. 25.2(d).  Appellant’s notice of appeal does not include the required certification.

On October 10, 2005, this Court notified Appellant, pursuant to Texas Rules of Appellate Procedure 25.2 and 37.1, that the notice of appeal does not include the trial court certification.  The notice also informed Appellant that unless he filed a proper notice of appeal on or before November 9, 2006, the appeal would be referred to the Court for dismissal.

The deadline for responding to this Court’s notice has expired, and Appellant has failed to respond to our notice.  Therefore, the appeal is dismissed for want of jurisdiction.

Opinion delivered November 16, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

                                                             (DO NOT PUBLISH)

[COMMENT1] 

                                                COURT OF APPEALS

                      TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

                                                              JUDGMENT

                                                           NOVEMBER 16, 2005

                                                          NO. 12-05-00318-CR

                                                          RICHARD MARTIN, II.,

                                                                       Appellant

                                                                             V.

                                                         THE STATE OF TEXAS,

                                                                       Appellee

_____________________________________________________________________________

                                          Appeal from the 349th Judicial District Court

                                      of Houston County, Texas. (Tr.Ct.No. 04-CR-113)

_____________________________________________________________________________

THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

                                    THE STATE OF TEXAS

                          M A N D A T E

                                  *********************************************

TO THE 349TH JUDICIAL DISTRICT COURT OF HOUSTON COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between

                                                 RICHARD MARTIN, II., Appellant

                                      NO. 12-05-00318-CR; Trial Court No. 04-CR-113

                                                             By per curiam opinion.

                                                  THE STATE OF TEXAS, Appellee

was determined; and therein our said Court made its order in these words:

“THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, and that this decision be certified to the court below for observance.”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.

CATHY S. LUSK, CLERK

By:_______________________________

     Deputy Clerk

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 [COMMENT1]J.11         DISMISSED FOR WANT OF JURISDICTION - Vanilla