In State v. Riewe, 13 S.W.3d 408 (Tex. Crim. App. 2000), the Court were asked to decide whether the State could file an out-of-time amended notice of appeal to cure a jurisdictional defect in a notice of appeal. Following an order by the court granting the defendant's motion to suppress, the State filed a notice of appeal. However, the notice failed to satisfy the requirements of Article 44.01(b) of the Texas Code of Criminal Procedure in that it did not certify that the appeal was not taken for the purpose of delay and that the evidence was of substantial importance in the case. Riewe, 13 S.W.3d at 409. After the time for filing the notice had expired, the State filed a request to amend its notice of appeal and an amended notice containing the necessary certification. The Court of Appeals denied the State's request and dismissed the State's appeal for want of jurisdiction. In its brief to this Court, the State argued that even if its original notice of appeal failed to confer jurisdiction on the Court of Appeals, it retroactively acquired jurisdiction once it filed the amended notice of appeal. Id. at 412. Rejecting the State's argument, we held that once the jurisdiction of a court of appeals is lost, it cannot retroactively be obtained. 13 S.W.3d at 413. The Court also addressed the issue of whether Rule 25.2 (d) affected the State's right to file and amended notice of appeal. The Court concluded that because permitting the State to file an out-of-time amended notice of appeal would result in an enlargement of the State's substantive right of appeal, any amendments made pursuant to Rule 25.2(d) could not be jurisdictional in nature. Id. at 413-14. The Court held that, in an appeal by the State, the certification requirement of article 44.01 is a jurisdictional prerequisite and thus must appear within the notice of appeal itself. 13 S.W.3d at 411. The Court reasoned that the Legislature, by statutorily enacting the certification requirement, intended that it serve as a jurisdictional prerequisite, and thus appellate courts could not use "an appellate rule to create jurisdiction where none exists." Under Riewe, if the contents of the notice of appeal are set in a Legislative statute as a jurisdictional prerequisite, then those requirements must be met before appellate jurisdiction exists.