Milton Jason Coker v. The State of TexasAppeal from 124th District Court of Gregg County (memorandum opinion per curiam)
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NO. 12-13-00064-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS MILTON JASON COKER, APPELLANT § APPEAL FROM THE 124TH V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § GREGG COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of jurisdiction. Appellant was convicted of possession of a controlled substance following a guilty plea. 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). The certification should be part of the record when notice is filed, but may be added by timely amendment or supplementation. Id. Appellant s notice of appeal does not include the required certification. On April 15, 2013, this court notified Appellant through his counsel, 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 the appeal would be dismissed unless, on or before April 30, 2013, the clerk s record was amended to include the required certification. The deadline for responding to this court s notice has expired, and the clerk s record has not been amended to show Appellant s right to appeal. Therefore, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 25.2(d). Opinion delivered May 15, 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MAY 15, 2013 NO. 12-13-00064-CR MILTON JASON COKER, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 124th Judicial District Court of Gregg County, Texas. (Tr.Ct.No. 34543-B) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
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