Richard Lee Quinonez v. State

• Court: Court of Appeals of Texas
• Decided: March 6, 2008
• Docket: 13-07-00653-CR
• Status: Published

Opinion

NUMBER 13-07-653-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

RICHARD LEE QUINONEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

_______________________________________________________

On appeal from the 117th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Appellant, Richard Lee Quinonez, attempts to appeal a conviction for robbery. The trial court has certified that "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2).

On October 18, 2007, 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 January 16, 2008, 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 denied as moot.

PER CURIAM

Do not publish.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

Memorandum Opinion delivered and filed

this the 6th day of March, 2008.