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Miller III v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
May 19, 2011
Nos. 13-10-00607-CR, 13-10-00608-CR (Tex. App. May. 19, 2011)

Opinion

Nos. 13-10-00607-CR, 13-10-00608-CR

Opinion delivered and filed May 19, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On appeal from the 28th District Court of Nueces County, Texas.

Before Justices GARZA, VELA, and PERKES.


MEMORANDUM OPINION


Appellant, Shirod Miller III, attempts to appeal a conviction for theft and a conviction for theft of service. The trial court has certified in both cases 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 28, 2010, 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. On May 12, 2011, counsel filed a letter brief with this Court. 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.


Summaries of

Miller III v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
May 19, 2011
Nos. 13-10-00607-CR, 13-10-00608-CR (Tex. App. May. 19, 2011)
Case details for

Miller III v. State

Case Details

Full title:SHIROD MILLER III, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: May 19, 2011

Citations

Nos. 13-10-00607-CR, 13-10-00608-CR (Tex. App. May. 19, 2011)