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Cavazos v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Sep 20, 2007
No. 13-07-00330-CR (Tex. App. Sep. 20, 2007)

Opinion

No. 13-07-00330-CR

Opinion delivered and filed September 20, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On appeal from the 138th District Court of Cameron County, Texas.

Before Justices RODRIGUEZ, BENAVIDES, and VELA.


MEMORANDUM OPINION


Appellant, GABRIEL CAVAZOS, attempts to appeal a conviction for indecency with a child. The trial court has certified that "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2). On August 6, 2007, 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 14, 2007, counsel filed a letter brief with this Court. Counsel's response fails to establish either 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.


Summaries of

Cavazos v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Sep 20, 2007
No. 13-07-00330-CR (Tex. App. Sep. 20, 2007)
Case details for

Cavazos v. State

Case Details

Full title:GABRIEL CAVAZOS, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 20, 2007

Citations

No. 13-07-00330-CR (Tex. App. Sep. 20, 2007)