From Casetext: Smarter Legal Research

Rumbaugh v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 30, 2017
NUMBER 13-17-00564-CR (Tex. App. Nov. 30, 2017)

Opinion

NUMBER 13-17-00564-CR

11-30-2017

JOEL RAY RUMBAUGH, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 155th District Court of Fayette County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Longoria
Memorandum Opinion by Justice Rodriguez

Appellant, Joel Ray Rumbaugh, attempts to appeal his conviction for aggravated sexual assault. 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).

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 November 6, 2017, 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 16, 2017, counsel filed a letter brief with this Court. Counsel's response does not establish 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.

NELDA V. RODRIGUEZ

Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed 30th day of November, 2017.


Summaries of

Rumbaugh v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 30, 2017
NUMBER 13-17-00564-CR (Tex. App. Nov. 30, 2017)
Case details for

Rumbaugh v. State

Case Details

Full title:JOEL RAY RUMBAUGH, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Nov 30, 2017

Citations

NUMBER 13-17-00564-CR (Tex. App. Nov. 30, 2017)