Tony Joseph Breaux v. State

                                          NO. 12-05-00279-CR

              IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

                             TYLER, TEXAS

TONY JOSEPH BREAUX,                             §     APPEAL FROM THE 124TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                       §     GREGG COUNTY, TEXAS

                                                     MEMORANDUM OPINION

                                                                 PER CURIAM

This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of possession of a controlled substance with intent to deliver.  His punishment was assessed at twenty years of imprisonment. 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).  However, Appellant’s notice of appeal does not include the required certification.

            On September 15, 2005, this Court notified Appellant, pursuant to Texas Rules of Appellate Procedure 25.2 and 37.2, 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 October 17, 2005, 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 provide the required certification.  Therefore, the appeal is dismissed for want of jurisdiction.

Opinion delivered October 26, 2005.

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

            (DO NOT PUBLISH)