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Powell v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 21, 2018
NUMBER 13-18-00116-CR (Tex. App. Jun. 21, 2018)

Opinion

NUMBER 13-18-00116-CR

06-21-2018

ANDREW POWELL, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 28th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion by Justice Rodriguez

Appellant, Andrew Powell, attempts to appeal his conviction for manslaughter. 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 May 10, 2018, 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.

On June 11, 2018, 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.

NELDA V. RODRIGUEZ

Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 21st day of June, 2018.


Summaries of

Powell v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 21, 2018
NUMBER 13-18-00116-CR (Tex. App. Jun. 21, 2018)
Case details for

Powell v. State

Case Details

Full title:ANDREW POWELL, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Jun 21, 2018

Citations

NUMBER 13-18-00116-CR (Tex. App. Jun. 21, 2018)