Ruben Echavarria v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 26, 2021
• Docket: 13-20-00576-CR
• Status: Published

Opinion

NUMBER 13-20-00576-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

____________________________________________________________

RUBEN ECHAVARRIA, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 156th District Court of Bee County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Longoria, Hinojosa, and Tijerina Memorandum Opinion by Justice Hinojosa

This cause is before the court on appellant’s motion for finding of right of appeal.

Appellant, Ruben Echavarria, attempts to appeal a conviction of murder-lesser included

offense for which he was sentenced on November 18, 2020. The trial court has certified that this “is a plea-bargain case, and the defendant has NO right of appeal” without

permission of the Court. See TEX. R. APP. P. 25.2(a)(2).

On May 18, 2021, the Court abated this matter and remanded to the trial court for

findings of fact and conclusions of law regarding discrepancies between the record and

the trial court certification and for the entry of a new certification, if necessary. On July 6,

2021, we received a supplemental record containing the trial court’s finding. Upon review

of the supplemental record, no new certification of defendant’s right to appeal was signed

or issued.

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 case is

reinstated, appellants motion is denied, and the appeal is dismissed.

LETICIA HINOJOSA Justice

Do not publish.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

Delivered and filed on the 26th day of August, 2021.