Justin Ray Garza v. State

• Court: Court of Appeals of Texas
• Decided: November 19, 2020
• Docket: 13-20-00438-CR
• Status: Published

Opinion

NUMBER 13-20-00438-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

JUSTIN RAY GARZA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 148th District Court of Nueces County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Longoria

Upon review of the documents before the Court, it appears there is no final

appealable order. Furthermore, according to the record, the trial court has certified “the

defendant has no right of appeal” in this matter. See TEX. R. APP. P. 25.2(a)(2). On October 26, 2020, this Court notified appellant of this defect and provided thirty

days to correct. Appellant responded that he was not attempting to appeal his conviction

but rather filed the notice in anticipation of a denial to his motion for nunc pro tunc.

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. Furthermore, the record

does not reflect any other final and appealable order, and appellant has failed to cure

such defect. Accordingly, this appeal is DISMISSED.

NORA L. LONGORIA Justice

Do not publish.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

Delivered and filed the 19th day of November, 2020.