Victor Hernandez A/K/A Victor Hernandez Jr. v. the State of Texas

Court of Appeals of Texas·Decided August 18, 2022·No. 13-22-00361-CR·Published

Opinion

NUMBERS 13-22-00361-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

VICTOR HERNANDEZ A/K/A VICTOR HERNANDEZ JR., Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

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

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Silva Memorandum Opinion by Justice Silva

Appellant filed a notice of appeal attempting to appeal final judgments in trial court

case number LCR210044. We 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” without permission of the Court. See TEX. R. APP. P. 25.2(a)(2). On August 4, 2022, the Court ordered appellant’s counsel

to review the record and determine whether appellant had a right to appeal. In response,

appellant’s counsel filed a letter indicating appellant plead guilty and waived his right to

appeal. Appellant’s counsel also indicated appellant was provided admonishments before

signing the waiver of rights, the judicial confession and stipulation, and the appeal

certification of right to appeal which indicated he would have no 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 for want of jurisdiction.

CLARISSA SILVA Justice

Do not publish.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

Delivered and filed on the 18th day of August, 2022.

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