Joseph Albert Borgas v. the State of Texas

Court of Appeals of Texas·Decided July 19, 2022·No. 03-21-00410-CR·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00410-CR

Joseph Albert Borgas, Appellant

v.

The State of Texas, Appellee

FROM THE 20TH DISTRICT COURT OF MILAM COUNTY NO. CR26,806, THE HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Joseph Albert Borgas filed a notice of appeal from a judgment

adjudicating his guilt for the second-degree felony offense of aggravated assault with a deadly

weapon–family violence. See Tex. Penal Code § 22.02. The trial court certified that Borgas has

no right of appeal and has waived the right of appeal. Accordingly, we dismiss this appeal for

want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d); Greenwell v. Court of Appeals for the

Thirteenth Jud. Dist., 159 S.W.3d 645, 650 n.24 (Tex. Crim. App. 2005) (“While an appellate

court may require a trial court to certify whether there is a right to appeal, the appellate court

may not dictate the content of the certification.”).

__________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Triana and Smith

Dismissed for Want of Jurisdiction Filed: July 19, 2022

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Related

Greenwell v. COURT OF APP. THIRTEENTH JUD. DIST.
159 S.W.3d 645 (Court of Criminal Appeals of Texas, 2005)