Idida Lamar Ybarra v. State

• Court: Court of Appeals of Texas
• Decided: December 13, 2007
• Docket: 13-07-00477-CR
• Status: Published

Opinion

NUMBER 13-07-477-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________ ___________________

IDIDA LAMAR YBARRA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

_______________________________________________________

On appeal from the 275th District Court of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Vela

Memorandum Opinion Per Curiam

Appellant, Idida Lamar Ybarra, has filed a notice of appeal with this Court from her conviction in trial court cause number CR-2402-07-E. The trial court's certification of the defendant's right to appeal shows that the defendant does not have the right to appeal. See Tex. R. App. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an appeal must be dismissed if a certification showing that a defendant has a right of appeal is not made a part of the record. Tex. R. App. P. 25.2(d); see Tex. R. App. P. 37.1, 44.3, 44.4.

On August 15, 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. Counsel failed to respond. Accordingly, the Court abated and remanded this matter to the trial court to determine whether the trial court's certification was correct. On remand, the trial court allowed appellant's trial counsel to withdraw and appointed new appellate counsel to respond to this Court's inquiry.

We have now received and reviewed the reporter's record from the hearing on abatement. Further, appellant's newly appointed counsel has filed a response with this Court regarding the trial court's certification of the appellant's right to appeal. Counsel's response does not establish: (1) that the certification currently on file with this Court is incorrect; or (2) 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 December, 2007.