Fernando Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 29, 2023
• Docket: 08-23-00005-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

FERNANDO GARCIA, § No. 08-23-00005-CR

Appellant, § Appeal from the

v. § 327th District Court

THE STATE OF TEXAS, § of El Paso County, Texas

Appellee. § (TC# 20220D04326)

OPINION

Fernando Garcia, Appellant, was convicted of driving while intoxicated. TEX. PENAL

CODE. ANN. 49.09(b). The trial court indicated in the court’s certification of defendant’s right to

appeal that this is a plea-bargain case, and the defendant has no right of appeal. The certification,

which was signed on December 13, 2022, includes the signatures of the trial judge, Appellant, and

Appellant’s trial counsel. On January 12, 2023, Appellant filed a notice of appeal.

By letter dated February 28, 2023, the Clerk of this Court requested that counsel for

Appellant address whether Appellant has a right of appeal. On March 23, 2023, counsel for

Appellant responded by filing a motion to dismiss pursuant to Rule 42.2 of the Texas Rules of

Appellate Procedure. Accordingly, we grant the motion, and the appeal is hereby dismissed. TEX.

R. APP. P. 42.2. LISA J. SOTO, Justice

March 29, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.

(Do Not Publish)