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Garcia v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Oct 10, 2024
No. 13-24-00405-CR (Tex. App. Oct. 10, 2024)

Opinion

13-24-00405-CR

10-10-2024

DANIEL RENEE GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish.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

ON APPEAL FROM THE 319TH DISTRICT COURT OF NUECES COUNTY, TEXAS

Before Chief Justice Contreras and Justices Benavides and Silva

MEMORANDUM OPINION

GINA M. BENAVIDES, JUSTICE

Appellant filed a notice of appeal attempting to appeal a judgment in trial court case number 24FC-1021G. We dismiss the appeal for want of jurisdiction.

Upon review of the documents filed, the trial court has certified that this "is a plea bargain case, . . . and the [d]efendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). On August 15, 2024, we ordered appellant's counsel to review the record and determine whether appellant has a right to appeal. On September 11, 2024, appellant's counsel responded concluding that appellant waived his right to appeal and otherwise does not have 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. See id. R. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of jurisdiction.


Summaries of

Garcia v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Oct 10, 2024
No. 13-24-00405-CR (Tex. App. Oct. 10, 2024)
Case details for

Garcia v. State

Case Details

Full title:DANIEL RENEE GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Oct 10, 2024

Citations

No. 13-24-00405-CR (Tex. App. Oct. 10, 2024)