Jimmy Earl Thomas v. The State of Texas--Appeal from Criminal District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ______________________ NO. 09-08-390 CR ______________________ JIMMY EARL THOMAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court Jefferson County, Texas Trial Court Nos. 08-03356 MEMORANDUM OPINION On August 11, 2008, the trial court sentenced Jimmy Earl Thomas on a conviction for aggravated robbery. Thomas filed a notice of appeal on September 9, 2008. 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 T EX. R. A PP. P. 25.2(a)(2). The district clerk has provided the trial court s certification to the Court of Appeals. 1 On September 10, 2008, we notified the parties that we would dismiss the appeal unless an amended certification was filed within fifteen days of the date of the notice and made a part of the appellate record. See T EX. R. A PP. P. 25.2(f). The record has not been supplemented with an amended certification. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See T EX. R. A PP. P. 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. _________________________________ DAVID GAULTNEY Justice Opinion Delivered October 22, 2008 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2
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