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Diaz v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Feb 3, 2022
No. 13-21-00448-CR (Tex. App. Feb. 3, 2022)

Opinion

13-21-00448-CR

02-03-2022

MIGUEL DIAZ, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish.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

On appeal from the 28th District Court of Nueces County, Texas.

Before Chief Justice Contreras and Justices Benavides and Longoria

MEMORANDUM OPINION

NORA L. LONGORIA JUSTICE

Appellant filed a notice of appeal attempting to appeal convictions of aggravated robbery and aggravated assault with a deadly weapon. We dismiss the appeal for want of jurisdiction.

Sentence in this matter was imposed with a judgment of conviction entered on October 21, 2021. Upon review of the documents filed, the trial court has certified that this "is a plea-bargain case, and the defendant has NO right of appeal" without permission of the Court. See Tex. R. App. P. 25.2(a)(2). On December 16, 2021, the Court ordered appellant's counsel to review the record and determine whether appellant had a right to appeal. In response, appellant's counsel filed a memorandum advising the Court of no 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 for want of jurisdiction.


Summaries of

Diaz v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Feb 3, 2022
No. 13-21-00448-CR (Tex. App. Feb. 3, 2022)
Case details for

Diaz v. State

Case Details

Full title:MIGUEL DIAZ, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Feb 3, 2022

Citations

No. 13-21-00448-CR (Tex. App. Feb. 3, 2022)