James Julius Jones v. State

• Court: Court of Appeals of Texas
• Decided: December 21, 2010
• Docket: 13-10-00112-CR
• Status: Published

Opinion

NUMBER 13-10-00112-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JAMES JULIES JONES, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 404th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Garza, Benavides, and Vela Memorandum Opinion Per Curiam

Appellant, James Julies Jones, attempts to appeal his conviction for burglary of a

habitation. The trial court has certified that this Ais a plea-bargain case, and the

defendant has NO right of appeal.@ See TEX. R. APP. P. 25.2(a)(2). This Court ordered

appellant's counsel to review the record and advise this Court as to whether appellant has

a right to appeal. See TEX. R. APP. P. 44.3, 44.4. On June 17, 2010, this Court abated

the appeal because of counsel’s failure to respond to the Court’s order. The trial court found that appellant has no right of appeal. At the trial court

hearing appellant advised that he did not wish to pursue the appeal in his case and

requested that his appeal be dismissed.

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.

PER CURIAM

Do not publish.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

Delivered and filed the 21st day of December, 2010.