Jonathan Paul Desoto v. State
This text of Jonathan Paul Desoto v. State (Jonathan Paul Desoto v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NUMBER 13-04-024-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
__________________________________________________________________
JONATHAN PAUL DESOTO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
__________________________________________________________________
On appeal from the 24th District Court of Calhoun County, Texas.
__________________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Castillo, and Garza
Memorandum Opinion Per Curiam
Appellant, JONATHAN PAUL DESOTO, attempts to appeal a conviction for aggravated assault. The trial court has certified that “the defendant has waived the right of appeal.” See Tex. R. App. P. 25.2(a)(2).
On October 13, 2004, 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.
On October 19, 2004, counsel filed a letter brief with this Court. Counsel’s response fails to establish either that the certification currently on file with this Court is incorrect or 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, this appeal is 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Do not publish.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 4th day of November, 2004.
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