Opinion
No. 10-17-00289-CR No. 10-17-00290-CR
09-27-2017
RAQUEL GONZALES RIOS, Appellant v. THE STATE OF TEXAS, Appellee
From the 85th District Court Brazos County, Texas
Trial Court No. 16-04443-CRM-85 From the 85th District Court Brazos County, Texas
Trial Court No. 15-02512-CRF-85
MEMORANDUM OPINION
In appellate cause numbers 10-17-00289-CR and 10-17-00290-CR, appellant, Raquel Gonzales Rios, filed pro se notices of appeal challenging her convictions for theft. Attached to appellant's pro se notices of appeal is a certification of appellant's right of appeal that references both appellate cause numbers. In the certification, the trial court indicated that these are plea-bargain cases and that appellant does not have a right to appeal either case.
Because appellant has no right of appeal in either appellate cause number, we must dismiss these appeals. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (en banc) ("A court of appeals, while having jurisdiction to ascertain whether an appellant . . . is permitted to appeal . . . must dismiss a prohibited appeal without further action, regardless of the basis for the appeal."). Accordingly, we dismiss appellant's appeals in appellate cause numbers 10-17-00289-CR and 10-17-00290-CR.
Notwithstanding that we are dismissing these appeals, appellant may file motions for rehearing with this Court within 15 days after the opinion and judgment are rendered if she believes the opinion and judgment are erroneously based on inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if appellant desires to have the opinion and judgment of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court's judgment is rendered or the day the last timely motion for rehearing is overruled by this Court. See id. at R. 68.2(a).
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed September 27, 2017
Do not publish
[CR25]