Luis Leyton-Gonzalez, M.D. v. Ricardo Noyola, Individually and as Representative of the Estate of Consuelo Noyola, Pedro Noyola, and Gloria N. Chapa

• Court: Court of Appeals of Texas
• Decided: June 12, 2008
• Docket: 13-08-00038-CV
• Status: Published

Opinion

NUMBERS 13-08-00060-CR & 13-08-00061-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG _______________________________________________________

JAMES PORIS, Appellant,

v.

THE STATE OF TEXAS, Appellee. _______________________________________________________

On appeal from the 347th and 319th District Courts of Nueces County, Texas. _______________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam

Appellant, James Poris, attempts to appeal his convictions for aggravated assault

and escape. The trial court has certified that each appeal “is a plea-bargain case, and the

defendant has NO right of appeal.” See TEX . R. APP. P. 25.2(a)(2).

On January 25, 2008, 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 April 4, 2008, counsel filed a letter brief with this Court. Counsel’s response

does not establish 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 also 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Do not publish. Tex. R. App. P. 47.2(b)

Memorandum Opinion delivered and filed this the 12th day of June, 2008.