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Gomez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 27, 2012
NUMBER 13-11 -00620-CR (Tex. App. Aug. 27, 2012)

Opinion

NUMBER 13-11 -00620-CR

08-27-2012

LADISLADO MUNOZ GOMEZ, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 404th District Court

of Cameron County, Texas.


MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam

Appellant, Ladislado Munoz Gomez, attempts to appeal his conviction for aggravated robbery. The trial court has certified that this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2).

On December 15, 2011, 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.

Following trial court hearings, the trial court found that appellant does not have the right to appeal and that the trial court will not change, modify, undo, rescind, or set aside the trial court's certification that the appellant does not have the right to appeal.

On August 22, 2012, counsel filed a letter brief with this Court. 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PER CURIAM Do not publish.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).


Summaries of

Gomez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 27, 2012
NUMBER 13-11 -00620-CR (Tex. App. Aug. 27, 2012)
Case details for

Gomez v. State

Case Details

Full title:LADISLADO MUNOZ GOMEZ, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Aug 27, 2012

Citations

NUMBER 13-11 -00620-CR (Tex. App. Aug. 27, 2012)