NUMBER 13-04-024-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JONATHAN PAUL DESOTO,                                              Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 24th District Court of Calhoun County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, JONATHAN PAUL DESOTO, attempts to appeal a conviction for aggravated assault. The trial court has certified that “the defendant has waived the right of appeal.” See Tex. R. App. P. 25.2(a)(2).

         On October 13, 2004, 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 October 19, 2004, counsel filed a letter brief with this Court. Counsel’s response fails to establish either that the certification currently on file with this Court is incorrect or 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Do not publish.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 4th day of November, 2004.