Eustacio Hernandez A/K/A Estacio Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: March 13, 2008
• Docket: 13-07-00760-CR
• Status: Published

Opinion

NUMBER 13-07-00760-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG _______________________________________________________

EUSTACIO HERNANDEZ A/K/A ESTACIO HERNANDEZ, 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 Garza Memorandum Opinion Per Curiam

Appellant, Eustacio Hernandez a/k/a Estacio Hernandez, attempts to appeal his

conviction for driving under the influence. The trial court has certified that this “is a plea-

bargain case, and the defendant has NO right of appeal,” and “the defendant has waived

the right of appeal.” See TEX . R. APP. P. 25.2(a)(2). On December 31, 2007, 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 January 30, 2008, 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 denied as moot.

PER CURIAM

Do not publish.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

Memorandum Opinion delivered and filed this the 13th day of March, 2008.