Kenneth John Coburn v. State

• Court: Court of Appeals of Texas
• Decided: March 20, 2008
• Docket: 13-07-00755-CR
• Status: Published

Opinion

NUMBERS 13-07-754-CR & 13-07-755-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ________________________________________________________

KENNETH JOHN COBURN, Appellant,

v.

THE STATE OF TEXAS, Appellee. ________________________________________________________

On appeal from the 24th District Court of Jackson County, Texas. ________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

Appellant, Kenneth John Coburn, attempts to appeal his convictions for aggravated

assault with a deadly weapon entered in trial court cause numbers 05-11-7326 and 05-12-

7340. In each of these cases, 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 22, 2008, this Court notified appellant’s counsel of the trial court’s

certifications and ordered counsel to: (1) review the records; (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 March 3, 2008, counsel filed a letter brief with this Court addressing these

issues. Counsel’s response does not establish that the certifications currently on file with

this Court are 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, these appeals

are 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Do not publish.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 20th day of March, 2008.