Sylvester Constante v. State

• Court: Court of Appeals of Texas
• Decided: March 31, 2005
• Docket: 13-04-00574-CR
• Status: Published

Opinion

NUMBER 13-04-574-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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SYLVESTER CONSTANTE,                                                 Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

______________________________________________ _______________

On appeal from the 214th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, SYLVESTER CONSTANTE, attempts to appeal a conviction for aggravated assault. 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 February 14, 2005, 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 March 18, 2005, 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. 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Do not publish.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 29^th day of March, 2005.