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Selby v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Sep 28, 2006
Nos. 13-06-101-CR, 13-06-102-CR, 13-06-103-CR, 13-06-104-CR (Tex. App. Sep. 28, 2006)

Opinion

Nos. 13-06-101-CR, 13-06-102-CR, 13-06-103-CR, 13-06-104-CR

Memorandum Opinion delivered and filed September 28, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On appeal from the 156th District Court of Bee County, Texas.

Before Chief Justice VALDEZ and Justices YAÑEZ and GARZA.


MEMORANDUM OPINION


Appellant, JAMES JAMAR SELBY, attempts to appeal his convictions for possession with intent to deliver a controlled substance. The trial court has certified that these are plea bargain cases, "and the defendant has NO right of appeal." See Tex.R.App.P. 25.2(a)(2). On March 7, 2006, 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 August 4, 2006, 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

Selby v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Sep 28, 2006
Nos. 13-06-101-CR, 13-06-102-CR, 13-06-103-CR, 13-06-104-CR (Tex. App. Sep. 28, 2006)
Case details for

Selby v. State

Case Details

Full title:JAMES JAMAR SELBY, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 28, 2006

Citations

Nos. 13-06-101-CR, 13-06-102-CR, 13-06-103-CR, 13-06-104-CR (Tex. App. Sep. 28, 2006)