Court of Civil Appeals of Texas, 2022

Joseph Albert Borgas v. the State of Texas

Joseph Albert Borgas v. the State of Texas
Court of Civil Appeals of Texas · Decided July 19, 2022

Joseph Albert Borgas v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00410-CR

Joseph Albert Borgas, Appellant v. The State of Texas, Appellee

FROM THE 20TH DISTRICT COURT OF MILAM COUNTY NO. CR26,806, THE HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Joseph Albert Borgas filed a notice of appeal from a judgment adjudicating his guilt for the second-degree felony offense of aggravated assault with a deadly weapon–family violence. See Tex. Penal Code § 22.02. The trial court certified that Borgas has no right of appeal and has waived the right of appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d); Greenwell v. Court of Appeals for the Thirteenth Jud. Dist., 159 S.W.3d 645, 650 n.24 (Tex. Crim. App. 2005) (“While an appellate court may require a trial court to certify whether there is a right to appeal, the appellate court may not dictate the content of the certification.”).

__________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Triana and Smith Dismissed for Want of Jurisdiction Filed: July 19, 2022 Do Not Publish

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