From Casetext: Smarter Legal Research

Echavarria v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 26, 2021
No. 13-20-00576-CR (Tex. App. Aug. 26, 2021)

Opinion

13-20-00576-CR

08-26-2021

RUBEN ECHAVARRIA, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. TEX. R. APP. P. 47.2(b).

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

Before Justices Longoria, Hinojosa, and Tijerina

MEMORANDUM OPINION

LETICIA HINOJOSA JUSTICE

This cause is before the court on appellant's motion for finding of right of appeal. Appellant, Ruben Echavarria, attempts to appeal a conviction of murder-lesser included offense for which he was sentenced on November 18, 2020. 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 May 18, 2021, the Court abated this matter and remanded to the trial court for findings of fact and conclusions of law regarding discrepancies between the record and the trial court certification and for the entry of a new certification, if necessary. On July 6, 2021, we received a supplemental record containing the trial court's finding. Upon review of the supplemental record, no new certification of defendant's right to appeal was signed or issued.

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 case is reinstated, appellants motion is denied, and the appeal is dismissed.


Summaries of

Echavarria v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 26, 2021
No. 13-20-00576-CR (Tex. App. Aug. 26, 2021)
Case details for

Echavarria v. State

Case Details

Full title:RUBEN ECHAVARRIA, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Aug 26, 2021

Citations

No. 13-20-00576-CR (Tex. App. Aug. 26, 2021)