David Lynn Wilkerson v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-605 CR ____________________

DAVID LYNN WILKERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. 9509

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MEMORANDUM OPINION

On October 17, 2007, the trial court sentenced David Lynn Wilkerson on a conviction for failure to stop and render aid. Wilkerson filed a notice of appeal on December 3, 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 December 5, 2007, we notified the parties that we would dismiss the appeal unless the trial court filed an amended certification within fifteen 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.

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CHARLES KREGER

Justice

Opinion Delivered January 9, 2008

Do not publish

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