Clarence L. Cerf v. State
Clarence L. Cerf v. State
Opinion
NUMBERS 13-03-060-CR AND 13-03-061-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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CLARENCE CERF, Appellant,
v.
THE STATE OF TEXAS, Appellee.
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On appeal from the 337th District Court of Harris County, Texas.
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MEMORANDUM OPINION
Before Justices Yañez, Rodriguez, and Castillo
Opinion Per Curiam
Appellant, CLARENCE CERF, attempts to appeal his convictions for aggravated sexual assault and aggravated robbery. The trial court has certified that each of these cases “is a plea-bargain case, and the defendant has NO right of appeal” and “the defendant has waived the right of appeal.” See Tex. R. App. P. 25.2(a)(2).
On March 2, 2004, 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 certifications.
On April 1, 2004, counsel filed a letter brief with this Court. Counsel’s response fails to establish either that the certifications currently on file with this Court are 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, these appeals are dismissed. Any pending motions are denied as moot.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.2(b).
Opinion delivered and filed this
the 20th day of May, 2004.
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