Francisco Rodriguez Rico v. State

• Court: Court of Appeals of Texas
• Decided: April 1, 2004
• Docket: 13-03-00294-CR
• Status: Published

Opinion

NUMBER 13-03-294-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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FRANCISCO RODRIGUEZ RICO,                                          Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 103rd District Court

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         Appellant, Francisco Rodriguez Rico, attempts to appeal a conviction for assault on a public servant and driving while intoxicated. 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 January 8, 2004, 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 February 9, 2004, counsel filed a letter brief with this Court. Counsel’s response fails to establish either 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Do not publish. Tex. R. App. P. 47.2(b).

Memorandum opinion delivered and filed this

the 1st day of April, 2004.