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Ortiz v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
May 20, 2004
No. 13-04-160-CR (Tex. App. May. 20, 2004)

Opinion

No. 13-04-160-CR

Opinion Delivered and Filed May 20, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On appeal from the 105th District Court of Kleberg County, Texas.

Before Justices YAÑEZ, RODRIGUEZ and CASTILLO.


MEMORANDUM OPINION


Appellant, ORLANDO ORTIZ, attempts to appeal a conviction for assault on a public servant. The trial court has certified that "the defendant has waived the right of appeal." See Tex.R.App.P. 25.2(a)(2). On March 25, 2004, 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 March 29, 2004, counsel filed a letter brief with this Court. Counsel's response fails to establish either 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. Any pending motions are denied as moot.


Summaries of

Ortiz v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
May 20, 2004
No. 13-04-160-CR (Tex. App. May. 20, 2004)
Case details for

Ortiz v. State

Case Details

Full title:ORLANDO ORTIZ, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: May 20, 2004

Citations

No. 13-04-160-CR (Tex. App. May. 20, 2004)