Opinion
Nos. 13-05-538-CR, 13-05-618-CR
Memorandum Opinion Delivered and Filed February 23, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 148th District Court of Nueces County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellant, ANGELO VILLARREAL, attempts to appeal his convictions for evading arrest and sexual assault of a child. 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 October 4, 2005 and October 20, 2005, 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 6, 2006, counsel filed a letter brief 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, these appeals are dismissed. Any pending motions are denied as moot.