Henry George Green, Jr. v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-03-068 CR
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HENRY GEORGE GREEN, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 81875
MEMORANDUM OPINION (1)

Henry George Green, Jr. entered a guilty plea to aggravated sexual assault on a child. A plea bargain agreement between Green and the State limited the upper range of punishment. Following the agreement, the trial court deferred adjudication of guilt and placed Green on community supervision. In subsequent proceedings, the trial court proceeded with adjudication of guilt and sentenced Green to twelve years of confinement in the Texas Department of Criminal Justice, Institutional Division. Green filed a pro se notice of appeal on January 27, 2003.

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 Tex. R. App. P. 25.2(a)(2). The trial court's certification is included in the record on appeal.

On February 5, 2003, we notified the parties that the appeal would be dismissed unless an amended certification was filed within thirty days of the date of the notice and made a part of the appellate record by March 7, 2003. See Tex. R. App. P. 37.1. The record has not been supplemented with an amended certification. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeal must be dismissed. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

 

Opinion Delivered March 20, 2003

Do Not Publish

 

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.