Ryan Edward Brush v. State

• Court: Court of Appeals of Texas
• Decided: February 7, 2008
• Docket: 13-07-00064-CR
• Status: Published

Opinion

NUMBERS 13-07-00064-CR, 13-07-00065-CR,

& 13-07-00066-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

RYAN EDWARD BRUSH, APPELLANT,

v.

THE STATE OF TEXAS, APPELLEE.

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

_________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Vela

Memorandum Opinion Per Curiam

Appellant, Ryan Edward Brush, attempts to appeal his convictions in: (1) trial court cause number B-06-2187-0-CR-B, for indecency with a child, docketed in this Court as 13-07-00064-CR; (2) trial court cause number B-06-2188-0-CR-B, for aggravated sexual assault, docketed in this Court as 13-07-00065-CR; and (3) trial court cause number B-06-2189-0-CR-B, for aggravated sexual assault, docketed in this Court as 13-07-00066-CR. In each of these cases, the trial court has certified that this appeal arises from "a plea bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).

On February 5, 2007, this Court ordered appellant's counsel to, within thirty days, review the record and advise this Court whether appellant has a right to appeal. See Tex. R. App. P. 44.3, 44.4. The time to respond to this Court's notice was extended to May 28, 2007. No response to this Court's order was received, and on August 23, 2007, the Court abated these appeals and remanded the causes to the trial court for a hearing to determine why counsel failed to comply with this Court's order. The hearing on remand was held, and the Court has now received and reviewed the reporter's record of that hearing, and has also received and reviewed counsel's subsequently filed responses regarding the defendant's right of appeal in these causes. The record and counsel's responses do not establish (1) that the certifications currently on file with this Court are incorrect, or (2) that appellant otherwise has a right to appeal in these cases.

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, these appeals are DISMISSED. Any pending motions are denied as moot.

PER CURIAM

Do not publish.

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

Memorandum Opinion delivered

and filed this the 7th day of February, 2008.