Opinion
NUMBER 13-13-00565-CR
12-05-2013
MICHAEL MITCHELL, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 117th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Longoria
Memorandum Opinion Per Curiam
Appellant, Michael Mitchell, attempts to appeal a conviction for burglary. The trial court has certified that "the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2).
On October 31, 2013, 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 November 22, 2013, counsel filed a letter brief with this Court. Counsel's response does not establish: (1) that the certification currently on file with this Court is incorrect, or (2) 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PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b).