Opinion
NUMBER 13-12-00528-CR
10-04-2012
MICHAEL GILLUM, Appellant, v. THE STATE OF TEXAS, Appellee.
CORPUS CHRISTI - EDINBURG
On appeal from the 117th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Vela
Memorandum Opinion Per Curiam
Appellant, Michael Gillum, attempts to appeal his conviction for theft. The trial court has certified that this is a plea-bargain case, and the defendant has no right of appeal, and the defendant has waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2).
On August 21, 2012, 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 September 13, 2012, counsel filed a letter brief with this Court. Counsel's response does not establish that the certification currently on file with this Court is 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, this appeal is DISMISSED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
4th day of October, 2012.