Court of Civil Appeals of Texas, 2012

Eugenio Espinoza Martinez v. State

Eugenio Espinoza Martinez v. State
Court of Civil Appeals of Texas · Decided August 31, 2012

Eugenio Espinoza Martinez v. State

Opinion

NUMBER 13-12-00476-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

MATTHEW STEBBINS, Appellant, v. THE STATE OF TEXAS, Appellee.

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

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam Appellant, Matthew Stebbins, attempts to appeal a conviction for murder. 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 25, 2012, 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 August 27, 2012, counsel filed a letter brief with this Court contending that appellant received ineffective assistance in his plea negotiations that resulted in an unjust conviction. Counsel requests that this Court grant appellant the right to appeal.

The Court, having examined and fully considered the record before the Court and counsel’s letter, concludes that appellant has not established: (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. See TEX. R. APP. P. 25.2(d), 37.1, 44.3, 44.4. Accordingly, this appeal is DISMISSED.

PER CURIAM

Do not publish.

See TEX. R. APP. P. 47.2(b).

Delivered and filed the 31st day of August, 2012.

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