Opinion
NUMBER 13-18-00566-CR
01-24-2019
ANGEL GODINEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 28th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Memorandum Opinion by Chief Justice Contreras
Appellant Angel Godinez attempts to appeal his convictions for burglary of a habitation and aggravated assault. See TEX. PENAL CODE ANN. §§ 20.02, 30.02 (West, Westlaw through 2017 1st C.S.). The trial court has certified that this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2).
On October 11, 2018, 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. In response, appellant's counsel filed a motion to withdraw on grounds that appellant had verbally requested that counsel no longer represent him in pursuit of an appeal. Appellant represented to his attorney that he wished to retain other counsel.
On October 31, 2018, this Court abated and remanded the appeal to the trial court for determinations regarding: (1) whether appellant desired to prosecute this appeal; (2) whether appellant had been denied effective assistance of counsel; and (3) whether appellant was indigent and entitled to court-appointed counsel.
The Court has now received and reviewed the supplemental records provided pursuant to our abatement order. On abatement, the trial court concluded that retained counsel should be allowed to withdraw, that appellant failed to respond to counsel regarding proceedings on appeal, and that appellant had not filed any correspondence or other communications with the trial court regarding whether he wanted to prosecute the appeal or required the appointment of counsel. The trial court allowed appellant's retained counsel to withdraw.
Given the foregoing sequence of events, we reinstate this appeal. We dismiss counsel's motion to withdraw, previously carried with the case, as moot. We conclude that the record fails to show that the certification of appellant's right to appeal 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. Further, the record indicates that appellant no longer wishes to pursue his appeal. See id. R. 2, 42.2(a); Conners v. State, 966 S.W.2d 108, 110-11 (Tex. App.—Houston [1st Dist.] 1998, pet. ref'd); see also Badillo v. State, No. 13-18-00057-CR, 2018 WL 1870421, at *1 (Tex. App.—Corpus Christi Apr. 19, 2018, no pet.) (mem. op.).
The Court, having examined and fully considered the records on file with this Court, is of the opinion that the appeal should be dismissed. Accordingly, we dismiss this appeal.
DORI CONTRERAS
Chief Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 24th day of January, 2019.