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Wheeler v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Jul 5, 2007
No. 13-07-331-CR (Tex. App. Jul. 5, 2007)

Opinion

No. 13-07-331-CR

July 5, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On appeal from the 36th District Court of Aransas County, Texas.

Before Justices RODRIGUEZ, BENAVIDES, and VELA.


MEMORANDUM OPINION


Appellant, FLOYD LEWIS WHEELER, attempts to appeal a conviction for robbery. 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 25, 2007, 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 22, 2007, 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. Any pending motions are denied as moot.


Summaries of

Wheeler v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Jul 5, 2007
No. 13-07-331-CR (Tex. App. Jul. 5, 2007)
Case details for

Wheeler v. State

Case Details

Full title:FLOYD LEWIS WHEELER, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 5, 2007

Citations

No. 13-07-331-CR (Tex. App. Jul. 5, 2007)