Court of Civil Appeals of Texas, 2005

Gary Patrick Perez v. State

Gary Patrick Perez v. State
Court of Civil Appeals of Texas · Decided May 26, 2005

Gary Patrick Perez v. State

Opinion

 

 



NUMBERS 13-05-292-CR and 13-05-293-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

______________________________________________________________


GARY PATRICK PEREZ,                                                     Appellant,


v.


THE STATE OF TEXAS,                                                      Appellee.

______________________________________________________________


On appeal from the 36th District Court of San Patricio County, Texas.

______________________________________________________________


MEMORANDUM OPINION


Before Justices Yañez, Castillo, and Garza

Memorandum Opinion Per Curiam



         Appellant, GARY PATRICK PEREZ, attempts to appeal his convictions for possession of cocaine. 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 May 6, 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 May 10, 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, these appeals are 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Do not publish.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 26th day of May, 2005.

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