Jack George Feltman v. The State of Texas--Appeal from 6th District Court of Lamar County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00118-CR

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JACK GEORGE FELTMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th Judicial District Court

Lamar County, Texas

Trial Court No. 21390

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Jack George Feltman appeals from his conviction by the trial court, on his plea of guilty, for burglary of a building. The trial court sentenced Feltman to eighteen years' imprisonment. We dismiss Feltman's appeal for want of jurisdiction.

The trial court filed a certification, in accordance with Rule 25.2(a)(2), that "the defendant has waived the right of appeal." Rule 25.2(a)(2) states, in pertinent part:

(2) . . . A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order.

Tex. R. App. P. 25.2(a)(2). If a certification showing that the appellant has the right to appeal is not made a part of the appellate record, we must dismiss the case unless the record affirmatively indicates that the appellant may have the right to appeal. Tex. R. App. P. 25.2(d); see Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); Dears v. State, 154 S.W.3d 610, 612 (Tex. Crim. App. 2005). We have examined the clerk's record to determine whether the trial court's certification is defective. See Dears, 154 S.W.3d at 613. Nothing in the record indicates the certification is defective. This Court lacks jurisdiction over this appeal.

We dismiss the appeal for want of jurisdiction.

Donald R. Ross

Justice

Date Submitted: August 31, 2006

Date Decided: September 1, 2006

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