Ephrain Reliford v. State

Court of Appeals of Texas·Decided April 30, 2020·No. 13-20-00145-CR·Published

Opinion

NUMBER 13-20-00145-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

EPHRAIN RELIFORD, Appellant, v.

THE STATE OF TEXAS, Appellee.

On appeal from the 105th District Court of Kleberg County, Texas.

MEMORANDUM OPINION

Before Justices Benavides, Perkes, and Tijerina Memorandum Opinion by Justice Benavides

Appellant, Ephrain Reliford, attempts to appeal a conviction from the 105th District Court of Nueces County. The trial court has certified that “the defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2).

On March 17, 2020, 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 March 27, 2020, 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.

GINA M. BENAVIDES,

Justice

Do not publish.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

Delivered and filed the 30th day of April, 2020.

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