Derrick Morgan v. State ( 2006 )

lee, elmer edward v. state

                                        NO. 12-06-00226-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DERRICK MORGAN,          §          APPEAL FROM THE 241ST

APPELLANT

V.        §          JUDICIAL DISTRICT COURT 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 harassment, enhanced to a first degree felony, and punishment was assessed at imprisonment for ninety-nine years. 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 July 5, 2006, 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 August 4, 2006, 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.   

Opinion delivered August 16, 2006.

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

(DO NOT PUBLISH)