Jose Luis Perez v. The State of Texas--Appeal from 384th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOSE PEREZ, )

) No. 08-06-00246-CR

Appellant, )

) Appeal from the

v. )

) 384th Impact District Court

THE STATE OF TEXAS, )

) of El Paso County, Texas

Appellee. )

) (TC# 20040D00050)

)

MEMORANDUM OPINION

Appellant Jose Perez attempts to appeal from his conviction for the offenses of unlawful possession of marijuana. Finding that Appellant has not complied with Rule 25.2 of the Texas Rules of Appellate Procedure, we dismiss the appeal.

Rule 25.2(a)(2) governs the defendant s right to appeal in a criminal case and requires that the trial court 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. Likewise, Rule 25.2(d) requires that the trial court certify whether the defendant has a right of appeal under Rule 25.2(a)(2). Tex.R.App.P. 25.2(d). An appellate court is required to dismiss an appeal if a certification that shows the defendant s right of appeal has not been made part of the appellate record. See Tex.R.App.P. 25.2(d).

Appellant filed a timely notice of appeal but the record does not include the trial court s certification of the defendant s right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The Clerk s office notified Appellant that a certification had not been filed and requested that Appellant file the certification within thirty days; otherwise, the appeal would be dismissed pursuant to Rule 25.2(d). Appellant has not complied with our request.

Accordingly, the appeal is dismissed for want of jurisdiction.

November 9, 2006

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)