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Casarez v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Mar 3, 2005
No. 13-04-675-CR (Tex. App. Mar. 3, 2005)

Opinion

No. 13-04-675-CR

Memorandum Opinion Delivered and Filed March 3, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On appeal from the 156th District Court of Bee County, Texas.

Before Justices HINOJOSA, YAÑEZ, and GARZA.


MEMORANDUM OPINION


Appellant, ROLAND DAVID CASAREZ, attempts to appeal a conviction for vehicle involved in accident — failure to stop. 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 January 11, 2005, 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 January 18, 2005, 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

Casarez v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Mar 3, 2005
No. 13-04-675-CR (Tex. App. Mar. 3, 2005)
Case details for

Casarez v. State

Case Details

Full title:ROLAND DAVID CASAREZ, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 3, 2005

Citations

No. 13-04-675-CR (Tex. App. Mar. 3, 2005)

Citing Cases

Ex Parte Casarez

This is an application for a writ of habeas corpus transmitted to this Court pursuant to the provisions of…