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Aleman v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Sep 29, 2022
No. 13-22-00409-CR (Tex. App. Sep. 29, 2022)

Opinion

13-22-00409-CR

09-29-2022

CHRISTOPHER JOSEPH ALEMAN, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. Tex.R.App.P. 47.2 (b).

On appeal from the 24th District Court of Victoria County, Texas.

Before Chief Justice Contreras and Justices Benavides and Tijerina

MEMORANDUM OPINION

JAIME TIJERINA, JUSTICE

Appellant Christopher Joseph Aleman attempts to appeal an order of deferred adjudication for the offense of possession of a controlled substance in trial court cause number 22-04-33647-A in the 24th District Court of Victoria County, Texas. See Tex. Health & Safety Code Ann. § 481.115(b). The trial court has certified that the defendant does not have the right to appeal. See Tex. R. App. P. 25.2(a)(2). On September 7, 2022, 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 September 19, 2022, counsel filed a letter brief advising the Court that, based on the record and the applicable law, appellant does not have the 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. See id. R. 25.2(d), 37.1, 44.3, 44.4; Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Pena v. State, 323 S.W.3d 522, 525-27 (Tex. App.-Corpus Christi-Edinburg 2010, no pet.); Ernst v. State, 159 S.W.3d 668, 670 (Tex. App.-Corpus Christi-Edinburg 2005, no pet). Accordingly, we dismiss this appeal for lack of jurisdiction.


Summaries of

Aleman v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Sep 29, 2022
No. 13-22-00409-CR (Tex. App. Sep. 29, 2022)
Case details for

Aleman v. State

Case Details

Full title:CHRISTOPHER JOSEPH ALEMAN, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Sep 29, 2022

Citations

No. 13-22-00409-CR (Tex. App. Sep. 29, 2022)