Opinion
Nos. 13-04-263-CR, 13-04-264-CR
Memorandum Opinion delivered and filed August 31, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On appeal from the 105th District Court of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices HINOJOSA and GARZA.
MEMORANDUM OPINION
Appellant, JOE JUAN GARCIA, attempts to appeal his convictions for possession of cocaine and possession of a controlled substance. The trial court has certified that "the defendant has waived the right of appeal." See Tex.R.App.P. 25.2(a)(2). On July 2, 2004 and July 9, 2004, this Court notified appellant's counsel of the trial court's certifications and ordered counsel to: (1) review the records; (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 certifications. On August 25, 2004, counsel filed letter briefs with this Court. Counsel's responses fail to establish either that the certifications currently on file with this Court are 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, these appeals are dismissed. Any pending motions are denied as moot.