Jimmy Cervantes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 29, 2023
• Docket: 13-23-00240-CR
• Status: Published

Opinion

NUMBER 13-23-00240-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

JIMMY CERVANTES, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Tijerina, Silva, and Peña Memorandum Opinion by Justice Silva

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

cause number 2021-DCR-84-A. 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 [d]efendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).

On June 7, 2023, the Court ordered appellant’s counsel to review the record and determine whether appellant had a right to appeal. On June 21, 2023, appellant’s counsel

responded stating that the notice of appeal was filed only out of an abundance of caution.

Appellant’s counsel, after reviewing the record and speaking with trial counsel, reached

the conclusion that the trial certificate was correct, and that appellant does not have the

right of 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), 37.1, 44.3. Accordingly, this case is dismissed for want of

jurisdiction.

CLARISSA SILVA Justice

Do not publish.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

Delivered and filed on the 29th day of June, 2023