Mario Newman v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 19, 2023
• Docket: 13-23-00409-CR
• Status: Published

Opinion

NUMBER 13-23-00409-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

MARIO NEWMAN, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 214th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Longoria

Appellant filed a notice of appeal attempting to appeal a judgment in trial court

case number 20FC-4735F. We dismiss the appeal for want of jurisdiction.

Upon review of the documents filed, 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 September 19, 2023, the Court ordered appellant’s counsel to review the record and determine whether appellant had a right to appeal. On September 25, 2023, appellant’s

counsel responded concluding that appellant has not retained 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. Accordingly, this case is dismissed

for want of jurisdiction.

NORA L. LONGORIA Justice

Do not publish.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

Delivered and filed on the 19th day of October, 2023.