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Nickles v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Mar 8, 2007
No. 13-07-067-CR, 13-07-068-CR (Tex. App. Mar. 8, 2007)

Opinion

No. 13-07-067-CR, 13-07-068-CR

Filed March 8, 2007. DO NOT PUBLISH.

Appeal from the 105th District Court of Nueces County, Texas.

Chief Justice Valdez and Justices YaÑez and Rodriguez.


MEMORANDUM OPINION


Appellant, JOHNNIE L. NICKLES, attempts to appeal convictions for possession of cocaine and evading arrest. 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 February 5, 2007, this Court notified appellant's counsel of the trial court's certifications 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 certifications. On February 22, 2007, counsel filed a letter brief with this Court. Counsel's response does not establish (1) that the certifications currently on file with this Court are incorrect or (2) 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, these appeals are dismissed. Any pending motions are denied as moot.


Summaries of

Nickles v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Mar 8, 2007
No. 13-07-067-CR, 13-07-068-CR (Tex. App. Mar. 8, 2007)
Case details for

Nickles v. State

Case Details

Full title:JOHNNIE L. NICKLES, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Mar 8, 2007

Citations

No. 13-07-067-CR, 13-07-068-CR (Tex. App. Mar. 8, 2007)