Opinion
NUMBER 13-17-00556-CR NUMBER 13-17-00570-CR
01-04-2018
MANSU LAU KNOX JR., Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 27th District Court of Bell County, Texas.
On appeal from the 426th District Court of Bell County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Benavides
Memorandum Opinion by Justice Benavides
Appellant, Mansu Lau Knox Jr., attempts to appeal convictions for burglary of a habitation - attempted and burglary of a building. 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).
This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 R.S.).
On October 19, 2017, this Court notified appellant's counsel of the trial court's certifications 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 certifications.
Counsel failed to respond to this Court's order and the Court abated the appeals on December 1, 2017. On December 8, 2017, counsel filed a letter brief with this Court. Accordingly, the cases are hereby REINSTATED. Counsel's response does not establish 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.
GINA M. BENAVIDES,
Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 4th day of January, 2018.