Danny Gene Crocker v. State

lee, elmer edward v. state

                                        NO. 12-07-00413-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DANNY GENE CROCKER,            §          APPEAL FROM THE THIRD

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 pleaded guilty to driving while intoxicated, and punishment was assessed at three years of imprisonment, probated for three years. 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 under Texas Rule of Appellate Procedure 25.2(a)(2).  Tex. R. App. P. 25.2(d).  The certification should be part of the record when notice is filed, but may be added by timely amendment or supplementation. Id.  Appellant’s notice of appeal does not include the required certification.

            On November 29, 2007, this court notified Appellant, pursuant to Texas Rules of Appellate Procedure 25.2 and 44.3, that the notice of appeal does not include the trial court certification.  The notice also informed Appellant that the appeal would be dismissed unless, on or before December 10, 2007, the clerk’s record was amended to include the required certification.

            The deadline for responding to this court’s notice has expired, and the clerk’s record has not been amended to show Appellant’s right to appeal.  Therefore, the appeal is dismissed for want of jurisdiction.

Opinion delivered December 12, 2007.

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

(DO NOT PUBLISH)