Jhonny Stiven Lucchini-Mosquera v. State

• Court: Court of Appeals of Texas
• Decided: August 24, 2016
• Docket: 09-16-00248-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00248-CR ____________________

JHONNY STIVEN LUCCHINI-MOSQUERA, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 15-10-10318-CR ________________________________________________________ _____________

MEMORANDUM OPINION

On June 7, 2016, the trial court sentenced Jhonny Stiven Lucchini-Mosquera

on a conviction for theft. Lucchini-Mosquera filed a notice of appeal on July 8,

2016. The certification from the trial court reflects that this is a plea-bargain case,

and the certification further indicates that the defendant has no right of appeal. See

Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court’s

certification to the Court of Appeals. On July 11, 2016, we notified the parties that

we would dismiss the appeal unless the appellant established grounds for

1 continuing his appeal. No response has been filed. Because the trial court’s

certification shows the defendant does not have the right of appeal, we must

dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the

appeal.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on August 23, 2016 Opinion Delivered August 24, 2016 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.