David Rivera Cortez v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-20-00612-CR

David Rivera CORTEZ,

Appellant v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR5189

Honorable Sid L. Harle, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: February 17, 2021

APPEAL DISMISSED

On February 1, 2021, the court ordered appellant, David Rivera Cortez, to show cause why this appeal should not be dismissed. On February 4, 2021, Cortez’s appointed counsel filed a response conceding that the trial court (1) ruled on no written motions before it took the parties’ negotiated plea agreement under advisement on March 2, 2020; (2) later followed this plea agreement on November 13, 2020; and (3) has since steadfastly refused to grant appellant any permission to appeal. Therefore, counsel agreed “this Court has little choice but to dismiss the instant attempted appeal.” Accordingly, we dismiss this appeal.

PER CURIAM

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