Julio Martinez v. The State of Texas--Appeal from 102nd District Court of Bowie County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00184-CR

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JULIO MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd Judicial District Court

Bowie County, Texas

Trial Court No. 02-F-578-102

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Julio Martinez was convicted on his plea of guilty for driving while intoxicated, a third degree felony. The court set punishment, pursuant to a negotiated plea agreement, at ten years' imprisonment and no fine. Martinez appeals.

The record does not include any certification by the trial court of Martinez's right of appeal as required by Tex. R. App. P. 25.2(a)(2). We noted this defect, and contacted trial counsel and Martinez by letter sent on September 4, 2003, warning of this defect, and also warning that, if we did not receive a certification within thirty days, pursuant to Tex. R. App. P. 25.2(d), 37.1, we would be required to dismiss the appeal.

There has been no response.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: November 3, 2003

Date Decided: November 4, 2003

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