Samuel Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 27, 2025
• Docket: 13-24-00644-CR
• Status: Published

Opinion

NUMBER 13-24-00644-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

SAMUEL GARCIA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 28TH DISTRICT COURT OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Tijerina and Justices West and Fonseca Memorandum Opinion by Chief Justice Tijerina

Appellant filed a notice of appeal attempting to appeal a judgment in trial court

case number 22FC-5341A. We now dismiss the appeal for want of jurisdiction.

Upon review of the documents filed, the trial court has certified that this “is a plea-

bargain case . . . and the defendant has NO right of appeal.” See TEX. R. APP. P.

25.2(a)(2). On December 17, 2024, we ordered appellant’s counsel to review the record and determine whether appellant had a right to appeal. On January 9, 2024, appellant’s

counsel responded concluding that appellant waived his right to appeal and otherwise

does not have 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.

See id. R. 25.2(d), 37.1, and 44.3. Accordingly, this case is dismissed for want of

jurisdiction.

JAIME TIJERINA Chief Justice

Do not publish.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

Delivered and filed on the 27th day of February, 2025.