Francisco Perez v. the State of Texas

Opinion

NUMBER 13-23-00079-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

FRANCISCO PEREZ, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 464th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Tijerina

Appellant filed a notice of appeal attempting to appeal a judgment in trial court

case number CR-5243-19-L. We dismiss the appeal for want of jurisdiction.

Upon review of the documents filed, the trial court has certified that this “is a plea-

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

waived the right to appeal.” See TEX. R. APP. P. 25.2(a)(2). On February 27, 2023, the Court ordered appellant’s counsel to review the record and determine whether appellant

had a right to appeal. On March 14, 2023, appellant’s counsel responded concluding that

the trial court certification was correct, and appellant had waived his right to appeal and

did not have permission from the trial court to appeal. Additionally, appellant’s counsel

requested to be withdrawn from this case.

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. Accordingly, this case, along with

counsel’s motion to withdraw, are dismissed for want of jurisdiction.

JAIME TIJERINA Justice

Do not publish.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

Delivered and filed on the 27th day of April, 2023.