Brad Wayne Keaton v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-535 CR ____________________

BRAD WAYNE KEATON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CR 24881

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MEMORANDUM OPINION ⁽¹⁾  

Brad Wayne Keaton was convicted and sentenced for assault on a public servant. Keaton filed a notice of appeal on December 16, 2004. The trial court entered a certification of the defendant's right to appeal in which the court certified that the appellant waived his right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certification has been provided to the Court of Appeals by the district clerk.

On December 20, 2004, we notified the parties that the appeal would be dismissed unless an amended certification was filed within thirty days of the date of the notice and made a part of the appellate record. See Tex. R. App. P. 37.1. The record has not been supplemented with an amended certification. Because a certification that shows the defendant has the right of appeal has not been made part of the record, the appeal must be dismissed. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered February 2, 2005

Do Not Publish

Before McKeithen, Gaultney and Horton, JJ.

1. Tex. R. App. P. 47.4.