Cristobal Garcia v. State

Opinion

NUMBER 13-18-00132-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

CRISTOBAL GARCIA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 36th District Court of San Patricio County, Texas.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion by Chief Justice Valdez

Appellant Cristobal Garcia attempts to appeal his conviction for aggravated sexual

assault of a child in cause number S-17-3337CR in the 36th District Court of San Patricio

County, Texas. See TEX. PENAL CODE ANN. § 22.021(a)(2)(B) (West, Westlaw through

2017 1st C.S.). On initial submission to this Court, the trial court’s certification was unclear and we abated and remanded this cause to the trial court for re-certification of the

appellant’s right of appeal. See TEX. R. APP. P. 34.5(c), 44.3, 44.4. The trial court has

subsequently certified that this “is a plea-bargain case, and the defendant has NO right

of appeal.” See TEX. R. APP. P. 25.2(a)(2).

On May 22, 2018, 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 June 13, 2018, counsel filed a response

seeking the right to appeal in this case. Counsel’s response does not establish 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. We note that appellant’s appeal from trial court cause number S-17-

3338CR in the 36th District Court of San Patricio County, Texas remains pending in our

appellate cause number 13-18-00133-CR.

/s/ Rogelio Valdez ROGELIO VALDEZ Chief Justice Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed this 28th day of June, 2018