Angelo Villarreal v. State

• Court: Court of Appeals of Texas
• Decided: February 23, 2006
• Docket: 13-05-00538-CR
• Status: Published

Opinion

                  NUMBERS 13-05-538-CR AND 13-05-618-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

ANGELO VILLARREAL,                                                                   Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                    Appellee.

                             On appeal from the 148th District Court

                                        of Nueces County, Texas.

                               MEMORANDUM OPINION

                         Before Justices Hinojosa, Yañez, and Garza

                                 Memorandum Opinion Per Curiam

Appellant, ANGELO VILLARREAL, attempts to appeal his convictions for evading arrest and sexual assault of a child.  The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal.@  See Tex. R. App. P. 25.2(a)(2).

On October 4, 2005 and October 20, 2005, this Court notified appellant=s counsel of the trial court=s certifications 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 February 6, 2006, counsel filed a letter brief with this Court.  Counsel=s response does not establish (1) that the certifications currently on file with this Court are 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, these appeals are dismissed.  Any pending motions are denied as moot.

PER CURIAM

Do not publish. 

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

Memorandum Opinion delivered and filed

this the 23rd day of February, 2006.