Gabriel Gonzales v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2024
• Docket: 13-23-00466-CR
• Status: Published

Opinion

NUMBER 13-23-00466-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

GABRIEL GONZALES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 36th District Court of San Patricio County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Benavides

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

case number S-21-3321CR. 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.” See TEX. R. APP. P. 25.2(a)(2).

On November 1, 2023, the Court ordered appellant’s counsel to review the record and determine whether appellant had a right to appeal. On November 28, 2023, appellant’s

counsel responded concluding that appellant does not have 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. Accordingly, this case is dismissed

for want of jurisdiction.

GINA M. BENAVIDES Justice

Do not publish.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

Delivered and filed the 11th day of January, 2024.