Alfredo Rangel Uribe v. State

• Court: Court of Appeals of Texas
• Decided: May 25, 2006
• Docket: 13-06-00142-CR
• Status: Published

Opinion

NUMBER 13-06-142-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________

ALFREDO URIBE,                                                                             Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                    Appellee.

     On appeal from the 105th District Court of Kleberg County, Texas.

                               MEMORANDUM OPINION

                      Before Justices Rodriguez, Castillo, and Garza

                                 Memorandum Opinion Per Curiam

Appellant, ALFREDO URIBE, attempts to appeal a conviction for aggravated assault with a deadly weapon.  The trial court has certified that Athe defendant has waived the right of appeal.@  See Tex. R. App. P. 25.2(a)(2).

On April 4, 2006, 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 May 8, 2006, counsel filed a letter brief with this Court.  Counsel=s response fails to establish either that the certification currently on file with this Court is incorrect or 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.  Appellant=s counsel has filed a motion to withdraw.  Having considered the motion, we grant the request.  It is ordered that the Honorable Peter H. Keim is released from further representation in this case.  The Clerk of the Court is ordered to send notice by certified mail, return receipt requested. 

All other motions are denied as moot.

PER CURIAM

Do not publish. 

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 25th day of May, 2006.