Patrick Earl Bourgeois v. State ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-272 CR ____________________

PATRICK EARL BOURGEOIS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 95645

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MEMORANDUM OPINION

Patrick Earl Bourgeois was convicted and sentenced on an indictment for burglary of a building. Bourgeois filed a notice of appeal on May 29, 2007. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea-bargain case and the defendant has no 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 May 31, 2007, 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.

STEVE McKEITHEN

Chief Justice

Opinion Delivered July 11, 2007

Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.