Opinion
NUMBER 13-15-00495-CR
01-07-2016
ORLANDO FIGUEROA, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 148th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum OpinionPer Curiam
Appellant, Orlando Figueroa, attempts to appeal his conviction for evading arrest. 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 October 21, 2015, 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. Counsel did not respond to the order of October 22, 2015, and this appeal was abated on December 9, 2015.
On December 15, 2015, counsel filed a letter brief with this Court. Accordingly, this appeal is hereby REINSTATED. Counsel's response 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.
PER CURIAM Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 7th day of January, 2016.