Daniel Costilla v. State

Opinion

NUMBER 13-12-00107-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

DANIEL COSTILLA, Appellant, v.

THE STATE OF TEXAS, Appellee.

On appeal from the 28th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Benavides, Vela, and Perkes Memorandum Opinion Per Curiam

Appellant, Daniel Costilla, attempts to appeal his conviction for aggravated sexual assault in trial court cause number 10-CR-1597-A. 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 February 8, 2012, 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 12, 2009, counsel filed a letter brief with this Court. 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. Any pending motions are dismissed as moot.

PER CURIAM

Do not publish.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

Delivered and filed the 24th day of May, 2012.