Richard Charles Horn Jr. v. State

• Court: Court of Appeals of Texas
• Decided: July 26, 2012
• Docket: 13-12-00387-CR
• Status: Published

Opinion

NUMBER 13-12-00387-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

RICHARD CHARLES HORN JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 24th District Court of DeWitt County, Texas.

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, Richard Charles Horn Jr., attempts to appeal his conviction for

burglary of a habitation. The trial court has certified that this “is a plea-bargain case,

and the defendant has NO right of appeal,” and “the defendant has waived the right of

appeal.” See TEX. R. APP. P. 25.2(a)(2). On June 13, 2012, 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 17, 2012, 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 TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly,

this appeal is DISMISSED.

PER CURIAM

Do not publish.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

Delivered and filed the 26th day of July, 2012.