Opinion
NUMBER 13-12-00476-CR
08-31-2012
MATTHEW STEBBINS, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 347th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Matthew Stebbins, attempts to appeal a conviction for murder. 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).
On July 25, 2012, 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 August 27, 2012, counsel filed a letter brief with this Court contending that appellant received ineffective assistance in his plea negotiations that resulted in an unjust conviction. Counsel requests that this Court grant appellant the right to appeal.
The Court, having examined and fully considered the record before the Court and counsel's letter, concludes that appellant has not established: (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. See TEX. R. APP. P. 25.2(d), 37.1, 44.3, 44.4. Accordingly, this appeal is DISMISSED.
PER CURIAM Do not publish.
See TEX. R. APP. P. 47.2(b).