Opinion
No. 13-08-388-CR
Memorandum Opinion delivered and filed October 16, 2008. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On appeal from the 24th District Court of Jackson County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.
MEMORANDUM OPINION
Appellant, Reginald Andre Callis, attempts to appeal his conviction for possession with intent to deliver cocaine. Although the trial court has certified that this is not a plea bargain case and the defendant has a right to appeal, it was superseded on June 24, 2008, to show the appellant has waived his right to appeal. See Tex. R. App. P. 25.2(a)(2). On August 8, 2008, 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 August 20, 2008, 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. Any pending motions are denied as moot.