Michael Wayne McCollum v. The State of Texas--Appeal from 6th District Court of Fannin County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00049-CR
______________________________
MICHAEL WAYNE McCOLLUM, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th Judicial District Court
Fannin County, Texas
Trial Court No. 20557
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Michael Wayne McCollum has filed an appeal from his conviction on his plea of guilty, under a plea agreement, to the offense of aggravated assault with a deadly weapon. He was sentenced in accordance with the agreement to eighteen years' imprisonment and a restitution order of $200,000.00.

On April 21, 2003, we wrote counsel, informing him we had noted a defect in the appeal because the record did not contain a certification of McCollum's right to appeal.

Tex. R. App. P. 25.2(d) now requires a certification to be made part of the record in every appeal filed by an appellant. That certification is a form which is an appendix to the rule and provides a certification by the trial court of the defendant's right to appeal. If the certification is not made part of the record, under the rule we have no option but to dismiss the appeal.

In our letter, we warned counsel that, if we did not receive the certification within ten days of the date of our letter, we would dismiss the appeal. As of the date of this opinion, counsel has not contacted this Court and no certification has been filed.

 

We dismiss the appeal.

 

Donald R. Ross

Justice

 

Date Submitted: July 28, 2003

Date Decided: July 29, 2003

 

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