Court of Civil Appeals of Texas, 2014

Abel Isaac Longinos v. State

Abel Isaac Longinos v. State
Court of Civil Appeals of Texas · Decided May 1, 2014

Abel Isaac Longinos v. State

Opinion

NUMBER 13-13-00683-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

ABEL ISAAC LONGINOS, Appellant, v. THE STATE OF TEXAS, Appellee.

On Appeal from the 197th District Court of Cameron County, Texas.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Longoria Memorandum Opinion Per Curiam Appellant, Abel Isaac Longinos, attempts to appeal his conviction for indecency with a child. The trial court has certified that this “is a plea-bargain case, and the defendant has NO right of appeal,” and “the defendant has waived the right of appeal.”

See TEX. R. APP. P. 25.2(a)(2).

On March 7, 2014, 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 14, 2014, counsel filed an Anders brief with this Court and a motion for leave to file brief. Appellant’s motion for leave to file brief is GRANTED. Counsel’s Anders brief 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 other pending motions are dismissed as moot.

PER CURIAM Do not publish.

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

Delivered and filed the 1st day of May, 2014.

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