Alberto Cervantes Suarez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 28, 2024
• Docket: 09-24-00246-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00246-CR __________________

ALBERTO CERVANTES SUAREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 24-04-06369-CR __________________________________________________________________

MEMORANDUM OPINION

On June 20, 2024, the trial court sentenced Alberto Cervantes Suarez on an

indictment for evading arrest or detention with a motor vehicle. On July 17, 2024,

Suarez filed a notice of appeal. The District Clerk then sent Suarez’s notice of appeal

and the trial court’s certification to the Ninth Court of Appeals. The trial court’s

certification states that the case “is a plea-bargain case, and the defendant has NO

right of appeal.”

1 On July 18, 2024, we notified the parties that we would dismiss the appeal

unless the appellant established the trial court’s certification was incorrect. None of

the parties responded to the Court’s notice. Because the record lacks a certification

that shows Suarez has the right of appeal, we dismiss the appeal. See Tex. R. App.

P. 25.2(d), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 27, 2024 Opinion Delivered August 28, 2024 Do Not Publish

Before Golemon, C.J., Wright and Chambers, JJ.