Eddie Warren Marlow v. State
This text of Eddie Warren Marlow v. State (Eddie Warren Marlow v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NUMBER 13-05-099-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
_____________________________________________________________
EDDIE WARREN MARLOW, Appellant,
v.
THE STATE OF TEXAS, Appellee.
______________________________________________________________
On appeal from the 262nd District Court
of Harris County, Texas.
______________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Castillo, and Garza
Memorandum Opinion Per Curiam
Appellant, EDDIE WARREN MARLOW, attempts to appeal a conviction for possession of a controlled substance. The trial court has 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 February 23, 2005, 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 April 4, 2005, counsel filed a letter brief with this Court. Counsel’s response does not establish (1) that the certification currently on file with this Court is 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, this appeal is 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Do not publish.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 21st day of April, 2005.
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