Joel Thomas Lewis v. State of Texas--Appeal from 266th District Court of Erath County

State: Texas

Court: Texas Northern District Court

Docket No: 11-08-00130-CR

Case Date: 12/18/2008

Plaintiff: Joel Thomas Lewis

Defendant: State of Texas--Appeal from 266th District Court of Erath County

Preview:Jeffrey Jones v. The State of Texas--Appeal from Criminal District Court of Jefferson County
In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-07-465 CR NO. 09-07-482 CR ____________________ JEFFREY JONES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. 99605 and 07-01353 MEMORANDUM OPINION On August 28, 2007, the trial court sentenced Jeffrey Jones on convictions for possession of a controlled substance. Jones filed notices of appeal on September 4, 2007. The trial court entered certifications of the defendant's right to appeal in which the court certified that these are plea-bargain cases and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court's certifications to the Court of Appeals. The certifications recite that appellant refused to sign them, but appellant does not claim that he did not receive copies of the certifications, and he does not claim that he was not advised of his rights as set forth therein. Therefore, we treat appellant's refusal to sign as tantamount to signature for purposes of Rule 25.2(d) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 25.2(d). On September 24, 2007, and September 27, 2007, we notified the parties that we would dismiss the appeals unless the trial court filed amended certifications within thirty days of the date of the notices and made them a part of the appellate records. See Tex. R. App. P. 37.1. The trial court has not supplemented the records with amended certifications. Because the records do not contain certifications that show the defendant has the right of appeal, we must dismiss the appeals. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeals for want of jurisdiction. APPEALS DISMISSED. HOLLIS HORTON Justice Opinion Delivered November 7, 2007 Do Not Publish Before Gaultney, Kreger, and Horton, JJ.

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