Opinion
No. 13-09-00543-CR
Memorandum Opinion delivered and filed November 12, 2009. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b).
On Appeal from the 117th District Court of Nueces County, Texas.
Before Justices YAÑEZ and BENAVIDES and VELA.
MEMORANDUM OPINION
Appellant, Aaron Trevino, attempts to appeal a conviction for aggravated robbery. The trial court has certified that "the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2). On September 29, 2009, 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 October 27, 2009, counsel filed a letter brief with this Court. Counsel's response does not establish: (1) that the certification currently on file with this Court is 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, this appeal is DISMISSED.