Court of Civil Appeals of Texas, 2011

Shirod Miller, Iii v. State

Shirod Miller, Iii v. State
Court of Civil Appeals of Texas · Decided May 19, 2011

Shirod Miller, Iii v. State

Opinion

 

 

 

                                                                                                                            

 

 

                  NUMBERS 13-10-00607-CR AND 13-10-00608-CR

 

                                  COURT OF APPEALS

 

                      THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

 

 

SHIROD MILLER III,                                                                         Appellant,

 

                                                             v.

 

THE STATE OF TEXAS,                                                                  Appellee.

 

 

                              On appeal from the 28th District Court

of Nueces County, Texas.

 

 

                              MEMORANDUM OPINION

 

Before Justices Garza, Vela, and Perkes

Memorandum Opinion Per Curiam

 

Appellant, Shirod Miller III, attempts to appeal a conviction for theft and a conviction for theft of service.  The trial court has certified in both cases 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 October 28, 2010, 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 May 12, 2011, counsel filed a letter brief with this Court.  Counsel=s response does not establish that the certifications currently on file with this Court are 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, these appeals are DISMISSED. 

 

PER CURIAM

Do not publish. 

Tex. R. App. P. 47.2(b).

 

Delivered and filed the

19th day of May, 2011.

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