Marvin Stacy Sims v. The State of Texas--Appeal from Criminal District Court of Jefferson County

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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 On Appeal from the Criminal District Court Jefferson County, Texas Trial Court No. 08-04030 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 T EX. R. A PP. P. 25.2(a)(2). The district clerk has provided the trial court s certification to the Court of Appeals. 1 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 T EX. R. A PP. 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 T EX. R. A PP. 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 DAVID GAULTNEY Justice Opinion Delivered November 19, 2008 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2

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