James Reason Elia v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-375 CR
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JAMES REASON ELIA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 98793
MEMORANDUM OPINION

On June 25, 2007, James Reason Elia was sentenced on a conviction for murder. Elia filed a notice of appeal on July 9, 2007. 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 has been provided to the Court of Appeals by the district clerk.

On July 24, 2007, 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. 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.

 

______________________________

STEVE McKEITHEN

Chief Justice

 

Opinion Delivered September 5, 2007

Do Not Publish

 

Before McKeithen, C.J., Kreger and Horton, JJ.