NUMBER 13-05-310-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

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KRISTOPHER ACOSTA,                                                                  Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                    Appellee.

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      On appeal from the 347th District Court of Nueces County, Texas.

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                               MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Rodriguez and Garza

                                 Memorandum Opinion Per Curiam

Appellant, KRISTOPHER ACOSTA, attempts to appeal a conviction for sexual assault.  The trial court has certified that Athe defendant has waived the right of appeal.@  See Tex. R. App. P. 25.2(a)(2).

On June 8, 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 June 26, 2006, counsel filed a letter brief with this Court.  Counsel=s response does not establish 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Do not publish.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 the 29th day of June, 2006.