From Casetext: Smarter Legal Research

Byrd v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jul 25, 2019
NUMBER 13-19-00285-CR (Tex. App. Jul. 25, 2019)

Opinion

NUMBER 13-19-00285-CR

07-25-2019

ALLEN BYRD, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 214th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Longoria
Memorandum Opinion by Justice Benavides

Appellant, Allen Byrd, attempts to appeal his conviction for failure to register as a sex offender. The trial court has certified that this "is a plea-bargain case, and the defendant has NO right of appeal," and "the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2).

On June 14, 2019, 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 July 8, 2019, 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.

GINA M. BENAVIDES,

Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 25th day of August, 2019.


Summaries of

Byrd v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jul 25, 2019
NUMBER 13-19-00285-CR (Tex. App. Jul. 25, 2019)
Case details for

Byrd v. State

Case Details

Full title:ALLEN BYRD, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Jul 25, 2019

Citations

NUMBER 13-19-00285-CR (Tex. App. Jul. 25, 2019)