NUMBERS 13-14-00146-CR & 13-14-00148-CR & 13-14-00150-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
VICENTE FABIAN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 117th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Vicente Fabian, attempts to appeal convictions for burglary of a
habitation, theft, and aggravated assault. The trial court has certified in these cases that
“the defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
On June 16, 2014, 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 certifications.
No response to this Court's order was received and the cases were abated and
remanded to the trial court on August 19, 2014. A hearing on abatement of the appeals
was held by the trial court and on August 29, 2014, counsel filed a letter brief with this
Court. Accordingly, the appeals are REINSTATED. 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.
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.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
6th day of November, 2014.
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