Opinion
No. 13-09-00147-CR
Delivered and filed September 10, 2009. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On appeal from the 36th District Court of San Patricio County, Texas.
Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.
MEMORANDUM OPINION
Appellant, Rudolfo Garcia, attempts to appeal a conviction for driving while intoxicated. The trial court has certified that "defendant was continued on community supervision, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). On June 8, 2009, 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 28, 2009, 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.