Court of Civil Appeals of Texas, 2007

Jon Alan Ashcraft v. State

Jon Alan Ashcraft v. State
Court of Civil Appeals of Texas · Decided May 17, 2007

Jon Alan Ashcraft v. State

Opinion







NUMBER 13-07-053-CR



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG

_____________________________________________________________



JON ALAN ASHCRAFT, Appellant,



v.



THE STATE OF TEXAS, Appellee.

_____________________________________________________________



On appeal from the County Court at Law No. 1

of Cameron County, Texas.

_____________________________________________________________



MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam



Appellant, JON ALAN ASHCRAFT, attempts to appeal a conviction for reckless driving. 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 March 20, 2007, 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 April 19, 2007, 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Do not publish.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 17th day of May, 2007.

















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