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Alaquinez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 29, 2017
NUMBER 13-17-00284-CR (Tex. App. Jun. 29, 2017)

Opinion

NUMBER 13-17-00284-CR

06-29-2017

TOMAS ALAQUINEZ, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 117th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Chief Justice Valdez

Appellant, Tomas Alaquinez, attempts to appeal his conviction for aggravated sexual assault of a child and indecency with a child by contact. 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 June 1, 2017, 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 6, 2017, 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.

/s/ Rogelio Valdez

ROGELIO VALDEZ

Chief Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 29th day of June, 2017.


Summaries of

Alaquinez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 29, 2017
NUMBER 13-17-00284-CR (Tex. App. Jun. 29, 2017)
Case details for

Alaquinez v. State

Case Details

Full title:TOMAS ALAQUINEZ, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Jun 29, 2017

Citations

NUMBER 13-17-00284-CR (Tex. App. Jun. 29, 2017)