Carlos Osbaldo Franco Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 16, 2025
• Docket: 13-25-00274-CR
• Status: Published

Opinion

NUMBER 13-25-00274-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

CARLOS OSBALDO FRANCO JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 105TH DISTRICT COURT OF KLEBERG COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Silva, Peña, and West Memorandum Opinion by Justice Peña

Appellant filed a notice of appeal attempting to appeal a judgment of conviction in

trial court cause number 23-CRF-0391-S1. We now dismiss the appeal for want of

jurisdiction.

Upon review of the documents filed, the trial court has certified that appellant

“waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). On May 20, 2025, we ordered appellant’s counsel to review the record and determine whether appellant had a right to

appeal. Due to a clerical error, the Order was reissued on July 3, 2025. After no response

from appellant, on August 12, 2025, we abated the appeal and remanded the case to the

trial court to determine if appellant, or his counsel, had abandoned the appeal. On

September 29, 2025, we reinstated the matter upon review of the trial court’s findings and

order appointing new counsel. Additionally, we ordered appellant’s newly appointed

counsel to review the record and determine whether appellant had a right to appeal. On

October 3, 2025, appellant’s counsel filed a “Memorandum Regarding Waiver of Right to

Appeal,” concluding appellant does not have a right of 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.

See id. R. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of jurisdiction.

L. ARON PEÑA JR. Justice

Do not publish.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

Delivered and filed on the 16th day of October, 2025.