Court of Civil Appeals of Texas, 2006

James Jamar Selby v. State

James Jamar Selby v. State
Court of Civil Appeals of Texas · Decided September 28, 2006

James Jamar Selby v. State

Opinion

 

 


NUMBERS

13-06-101-CR

13-06-102-CR

 13-06-103-CR

13-06-104-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

_________________________________________________________ ___


JAMES JAMAR SELBY,                                                              Appellant,


v.


THE STATE OF TEXAS,                                                                Appellee.

________________________________________________________ ____


On appeal from the 156th District Court

of Bee County, Texas.

____________________________________________________ ________


MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam



          Appellant, JAMES JAMAR SELBY, attempts to appeal his convictions for possession with intent to deliver a controlled substance. The trial court has certified that these are plea bargain cases, “and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2).

          On March 7, 2006, 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 August 4, 2006, counsel filed a letter brief with this Court. Counsel’s response does not establish (1) that the certifications currently on file with this Court are 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Do not publish.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 28th day of September, 2006.

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