Robert Torres v. State

• Court: Court of Appeals of Texas
• Decided: June 9, 2011
• Docket: 13-11-00067-CR
• Status: Published

Opinion

                                       NUMBER 13-11-00067-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

ROBERT TORRES,                                                                   APPELLANT,

                                                             v.

THE STATE OF TEXAS,                                                             APPELLEE.

                             On Appeal from the 117th District Court

                                        of Nueces County, Texas.

                               MEMORANDUM OPINION

         Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam

Appellant, Robert Torres, attempts to appeal a conviction for driving while intoxicated.  The trial court has certified that Athe defendant has waived the right of appeal.@  See Tex. R. App. P. 25.2(a)(2).

On April 27, 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 May 26, 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. 

PER CURIAM

Do not publish. 

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

Delivered and filed the

9th day of June, 2011.