Court of Civil Appeals of Texas, 2010

Aaron Echols v. State

Aaron Echols v. State
Court of Civil Appeals of Texas · Decided August 24, 2010

Aaron Echols v. State

Opinion

 

 

 

                                                                                                                            

 

 

                                       NUMBER 13-10-00380-CR

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

 

 

AARON ECHOLS,                                                                          Appellant,

 

                                                             v.

 

THE STATE OF TEXAS,                                                                 Appellee.

 

 

                           On appeal from the 117th District Court

of Nueces County, Texas.

 

 

                               MEMORANDUM OPINION

 

                  Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

 

Appellant, Aaron Echols, attempts to appeal his conviction for injury to a child, elderly or disabled individual.  The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal.@  See Tex. R. App. P. 25.2(a)(2).


On July 26, 2010, 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 July 29, 2010, 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Do not publish.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).

 

Delivered and filed the

24th day of August, 2010.

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