Stephen Don Weller v. The State of Texas--Appeal from County Court at Law No 2 of Smith County

NO. 12-05-00061-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

STEPHEN DON WELLER, APPEAL FROM THE

APPELLANT

V. COUNTY COURT AT LAW NO. 2 OF

THE STATE OF TEXAS,

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of criminal trespass. Thereafter, Appellant filed a notice of appeal. To be sufficient to invoke the appellate court s full jurisdiction, the notice of appeal filed by an appellant in a criminal case must bear the trial court s certification of the appellant s right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2). Tex. R. App. P. 25.2(d). Appellant s notice of appeal does not include the required certification.

On April 26, 2005, this Court notified Appellant, pursuant to Texas Rules of Appellate Procedure 25.2 and 37.1, that the notice of appeal does not include the trial court certification. The notice also informed Appellant that unless he filed a proper notice of appeal on or before May 26, 2005, the appeal would be referred to the Court for dismissal.

The deadline for responding to this Court s notice has expired, and Appellant has failed to respond to our notice. Therefore, the appeal is dismissed for want of jurisdiction.

Opinion delivered May 31, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)