Alvino Fuentes v. State
Alvino Fuentes v. State
Opinion
NUMBER 13-06-468-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
______________________________________________________________
ALVINO FUENTES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
_____________________________________________________________
On appeal from the 36th District Court
of San Patricio County, Texas.
______________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Garza
Memorandum Opinion Per Curiam
Appellant, ALVINO FUENTES, attempts to appeal a conviction for aggravated assault. 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 August 24, 2006, 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 September 1, 2006, 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, 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Do not publish.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
the 28th day of September, 2006.
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