Steve Salazar v. State

• Court: Court of Appeals of Texas
• Decided: March 29, 2007
• Docket: 13-06-00403-CR
• Status: Published

Opinion

NUMBERS 13-06-403-CR and 13-06-404-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

STEVE SALAZAR, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 117th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

Appellant, STEVE SALAZAR, attempts to appeal convictions for aggravated assault and burglary of a habitation. The trial court has certified that each "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).

On July 19, 2006, this Court notified appellant's counsel of the trial court's certifications 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 February 13, 2007, counsel filed motions to dismiss the appeals with this Court. Counsel's response does not establish (1) that the certifications currently on file with this Court are 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, the 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Do not publish.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 29th day of March, 2007.