Angelo Clark v. The State of Texas--Appeal from County Court at Law of Harrison County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00270-CR

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ANGELO CLARK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Harrison County, Texas

Trial Court No. 2004-1593

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Angelo Clark attempts to appeal his conviction for speeding. On February 8, 2006, this Court received the clerk's record in this appeal. On review of that record, we noted it did not contain the trial court's certification of Clark's right of appeal pursuant to Tex. R. App. P. 25.2(d). Rule 25.2 requires that the record on appeal include the trial court's certification of a defendant's right of appeal and requires dismissal of an appeal in which no such certification has been filed. See Tex. R. App. P. 25.2(d).

The Clerk of this Court sent a letter dated February 8, 2006, alerting all parties to this defect in the record and seeking a supplemental clerk's record to include the trial court's certification. See Tex. R. App. P. 25.2(d), 34.5(c)(1). The letter also reminded the parties that Rule 25.2 authorizes dismissal of the appeal when no certification has been filed. Having received no response, at the end of March, the clerk's office contacted the county clerk's office to check on the status of the supplemental record. We learned that no certification had been filed.

On April 4, 2006, this Court ordered the trial court, within ten days of said order, to enter its certification of Clark's right of appeal. More than ten days have passed, and we have received nothing from the trial court or any party to this matter.

Pursuant to Rule 25.2(d), we hereby dismiss this appeal.

Jack Carter

Justice

Date Submitted: April 25, 2006

Date Decided: April 26, 2006

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