IN THE

TENTH COURT OF APPEALS

No. 10-04-00269-CR

Martin Quiroz Rivera,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 75th District Court

Liberty County, Texas

Trial Court # CR 24779

Martin Rivera was indicted for capital murder.  Rivera appeals from a judgment of conviction of murder, a lesser included offense of capital murder, and a sentence of life imprisonment.  The trial court signed a certification of defendant’s right of appeal stating that this “is a plea-bargain case, and the defendant has NO right to appeal” and “the defendant has waived the right to appeal.”  On August 24, 2004, the Ninth Court of Appeals ordered Rivera to file an amended certification, which states that he has a right to appeal, or the appeal would be dismissed.  On August 25, 2004, Rivera’s appeal was transferred to this court.  Rivera has failed to file an amended certification stating that he has the right to appeal.  The State filed a motion to dismiss Rivera’s appeal.  The State’s motion to dismiss is granted.

PER CURIAM

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed November 24, 2004

Do not publish

[CRPM]