Osvaldo Cruz v. State

• Court: Court of Appeals of Texas
• Decided: May 27, 2004
• Docket: 13-02-00168-CR
• Status: Published

Opinion

NUMBER 13-02-168-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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OSVALDO CRUZ,                                                             Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 105th District Court

of Kleberg County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Opinion Per Curiam

         Appellant, OSVALDO CRUZ, attempts to appeal a conviction for possession of marihuana. 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 January 15, 2004, 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 May 7, 2004, counsel filed a letter brief with this Court. Counsel’s response fails to establish either 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 Tex. R. App. P. 37.1, 44.3, 44.4. Accordingly, this appeal is dismissed. Any pending motions are denied as moot.

                                                      PER CURIAM

Do not publish.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

Opinion delivered and filed this

the 27th day of May, 2004.