Aaron Trevino v. State

• Court: Court of Appeals of Texas
• Decided: November 12, 2009
• Docket: 13-09-00543-CR
• Status: Published

Opinion

NUMBER 13-09-00543-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

AARON TREVINO, APPELLANT,

v.

THE STATE OF TEXAS, APPELLEE.

On Appeal from the 117th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Yañez and Benavides and Vela Memorandum Opinion Per Curiam

Appellant, Aaron Trevino, attempts to appeal a conviction for aggravated robbery.

The trial court has certified that “the defendant has waived the right of appeal.” See TEX .

R. APP. P. 25.2(a)(2). On September 29, 2009, this Court notified appellant’s counsel of the trial court’s

certification and ordered counsel to: (1) review the record; (2) determine whether appellant

has a right to appeal; and (3) forward to this Court, by letter, counsel’s findings as to

whether appellant has a right to appeal, or, alternatively, advise this Court as to the

existence of any amended certification.

On October 27, 2009, counsel filed a letter brief with this Court. Counsel’s response

does not establish: (1) that the certification currently on file with this Court is incorrect, or

(2) that appellant otherwise has a right to appeal.

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court’s certification does not show that the defendant has the right of appeal.

TEX . R. APP. P. 25.2(d); see TEX . R. APP. P. 37.1, 44.3, 44.4. Accordingly, this appeal is

DISMISSED.

PER CURIAM

Do not publish. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and filed this the 12th day of November, 2009.