Phillip Dewayne Bell v. State ( 2004 )


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    In The



    Court of Appeals



    Ninth District of Texas at Beaumont



    ____________________



    NO. 09-04-398 CR

    ____________________



    PHILLIP DEWAYNE BELL, Appellant



    V.



    THE STATE OF TEXAS, Appellee




    On Appeal from the Criminal District Court

    Jefferson County, Texas

    Trial Cause No. 89437




    MEMORANDUM OPINION (1)  

    Phillip Dewayne Bell was convicted and sentenced on an indictment for aggravated assault. Bell filed a notice of appeal on September 15, 2004. 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 has been provided to the Court of Appeals by the district clerk.

    On September 21, 2004, 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. 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 November 3, 2004

    Do Not Publish

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

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

Document Info

Docket Number: 09-04-00398-CR

Filed Date: 11/3/2004

Precedential Status: Precedential

Modified Date: 9/9/2015