Marvin Stacy Sims v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-08-425 CR    ______________________

MARVIN STACY SIMS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Court No. 08-04030

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   MEMORANDUM OPINION

On August 25, 2008, the trial court sentenced Marvin Stacy Sims as a prior felony offender on a conviction for burglary of a building. Sims filed a notice of appeal on October 1, 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 October 3, 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 November 19, 2008

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.