in the Estate of James A. Elders Sr.
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Opinion
NUMBER 13-11-00144-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ROLANDO MENDOZA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 197th District Court of Cameron County, Texas.
MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam
Appellant, Rolando Mendoza, attempts to appeal a conviction for assault. The
trial court has certified that Athe defendant has waived the right of appeal.@ See TEX. R.
APP. P. 25.2(a)(2). On March 18, 2011, 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 May 12, 2011, counsel filed a letter brief with this Court contending that there
was a failure of consideration in the plea bargain agreement reached between appellant
and the State. On June 20, 2011, the State filed a response to counsel’s letter brief
asserting that appellant waived his right to appeal and explaining how the record supports
the trial court’s certification.
The Court, having examined and fully considered the record before the Court,
counsel’s letter, and the State’s response, concludes that appellant has not established:
(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. See TEX. R. APP. P. 25.2(d), 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Do not publish.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). Delivered and filed the 11th day of August, 2011.
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