Michael Sensinger v. State

• Court: Court of Appeals of Texas
• Decided: July 28, 2011
• Docket: 13-11-00061-CR
• Status: Published

Opinion

                                       NUMBER 13-11-00061-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

MICHAEL SENSINGER,                                                                  Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                  Appellee.

                             On Appeal from the 347th District Court

                                        of Nueces County, Texas.

                               MEMORANDUM OPINION

             Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

Appellant, Michael Sensinger, attempts to appeal a conviction for injury to an elderly individual.  The trial court has certified that Athe defendant has waived the right of appeal.@  See Tex. R. App. P. 25.2(a)(2). 

On March 22, 2011, 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 July 11, 2011, 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 are dismissed as moot.

PER CURIAM

Do not publish. 

See Tex. R. App. P. 47.2(b).

Delivered and filed the

28th day of July, 2011.