Johnnie L. Nickles v. State

• Court: Court of Appeals of Texas
• Decided: March 8, 2007
• Docket: 13-07-00068-CR
• Status: Published

Opinion

NUMBERS 13-07-067-CR AND 13-07-068-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________ _________

JOHNNIE L. NICKLES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________ ______

On appeal from the 105th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Rodriguez

Memorandum Opinion Per Curiam

Appellant, JOHNNIE L. NICKLES, attempts to appeal convictions for possession of cocaine and evading arrest. 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 February 5, 2007, this Court notified appellant's counsel of the trial court's certifications 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 certifications.

On February 22, 2007, counsel filed a letter brief with this Court. Counsel's response does not establish (1) that the certifications currently on file with this Court are 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. Tex. R. App. P. 25.2(d); see Tex. R. App. P. 37.1, 44.3, 44.4. Accordingly, these appeals are dismissed. Any pending motions are denied as moot.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this 8th day of March, 2007.