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Salazar v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Mar 29, 2007
Nos. 13-06-403-CR and 13-06-404-CR (Tex. App. Mar. 29, 2007)

Opinion

Nos. 13-06-403-CR and 13-06-404-CR

Opinion filed March 29, 2007. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).

Appeal from the 117th District Court of Nueces County, Texas.

Before Justices RODRIGUEZ, BENAVIDES, and VELA.


MEMORANDUM OPINION


Appellant, STEVE SALAZAR, attempts to appeal convictions for aggravated assault and burglary of a habitation. The trial court has certified that each "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). On July 19, 2006, 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 certification. On February 13, 2007, counsel filed motions to dismiss the appeals with this Court. Counsel's response does not establish (1) that the certifications currently on file with this Court are 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, the appeals are dismissed. Any pending motions are denied as moot.


Summaries of

Salazar v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Mar 29, 2007
Nos. 13-06-403-CR and 13-06-404-CR (Tex. App. Mar. 29, 2007)
Case details for

Salazar v. State

Case Details

Full title:STEVE SALAZAR, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 29, 2007

Citations

Nos. 13-06-403-CR and 13-06-404-CR (Tex. App. Mar. 29, 2007)