John Valdez v. State

• Court: Court of Appeals of Texas
• Decided: November 15, 2007
• Docket: 13-07-00157-CR
• Status: Published

Opinion

NUMBER 13-07-157-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

JOHN VALDEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

________________________________________________________

On appeal from the 214th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, John Valdez, attempts to appeal a conviction for possession of methamphetamine. The trial court has certified that "this is a plea bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).

On June 28, 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, and accordingly, we abated and remanded this matter to the trial court for a hearing to determine why counsel has failed to comply with this Court's order. In response, the trial court has provided the Court with an additional copy of the certification of appellant's right to appeal, showing that appellant has no 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Do not publish.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 15th day of November, 2007.