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Ybarra v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 31, 2017
NUMBER 13-17-00476-CR (Tex. App. Aug. 31, 2017)

Opinion

NUMBER 13-17-00476-CR NUMBER 13-17-00477-CR

08-31-2017

FELIX YBARRA, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 156th District Court of Bee County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Justice Longoria

Appellant Felix Ybarra attempts to appeal his conviction for possession of a controlled substance in cause number B-17-2020-0-CR-B and his conviction for retaliation in cause number B-17-2063-0-CR-B. Both causes arise from the 156th District Court of Bee County, Texas and are docketed here as respectively as appellate cause numbers 13-17-00476-CR and 13-17-00477-CR. The trial court has certified that each of these cases "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2).

On August 29, 2017, this Court notified appellant's counsel of the trial court's certifications and ordered counsel to: (1) review the records; (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 certifications.

On August 30, 2017, counsel filed a letter brief with this Court regarding both cause numbers. Counsel's response does not establish that the certifications currently on file with this Court are incorrect or that appellant otherwise has a right to appeal in either case.

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.

NORA L. LONGORIA

Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 31st day of August, 2017.


Summaries of

Ybarra v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 31, 2017
NUMBER 13-17-00476-CR (Tex. App. Aug. 31, 2017)
Case details for

Ybarra v. State

Case Details

Full title:FELIX YBARRA, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Aug 31, 2017

Citations

NUMBER 13-17-00476-CR (Tex. App. Aug. 31, 2017)