Lawrence Thomas Daughtrey, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: November 15, 2007
• Docket: 13-06-00418-CR
• Status: Published

Opinion

NUMBER 13-06-00418-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

LAWRENCE THOMAS DAUGHTREY, JR., APPELLANT,

v.

THE STATE OF TEXAS, APPELLEE.

_______________________________________________________

On Appeal from the 24th District Court of Victoria County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opiniomn Per Curiam

Appellant, Lawrence Daughtrey, 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 July 27, 2006, 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 11, 2007, counsel filed a letter brief with this Court. Counsel's response does not establish (1) that the certification currently on file with this Court is 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, this appeal is DISMISSED. Any pending motions in this cause are denied as moot. The companion appeal, Cause No. 13-06-417-CR, remains pending in this Court.

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered

and filed this the 15th day of November, 2007.