NUMBER 13-15-00136-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
EX PARTE ROSA MARIA CRUCES
On appeal from the 197th District Court
of Cameron County, Texas.
ORDER
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
On October 15, 2014, appellant Rosa Maria Cruces filed her application for writ of
habeas corpus in trial court cause number 2010-CR-2257-C. Following an evidentiary
hearing, the trial court denied Cruces’s application. Cruces filed her notice of appeal from
the denial of her application. The trial court’s certification of the defendant’s right to
appeal, however, showed that this “is a plea bargain case, and the Defendant has NO
right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
The Texas Rules of Appellate Procedure provide that we must dismiss an appeal
if a certification showing that a defendant has a right of appeal is not made a part of the
record. TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4.2. Therefore, on
April 15, 2015, we ordered Cruces’s appellate counsel to review the record to determine
whether Cruces has a right to appeal and to file a motion with this Court identifying and
explaining reasons why Cruces has a right to appeal, if it is so determined. See TEX. R.
APP. P. 44.3, 44.4; see also TEX. R. APP. P. 10.1, 10.2. On June 22, 2015, in response to
our April 15 order, Cruces’s appellate counsel filed a document titled “Certification of Right
of Appeal.”
The Court now requests that the State of Texas, acting by and through the District
Attorney of Cameron County, file a response on or before the expiration of ten days from
the date of this order. The response should state whether the trial court’s certification of
Cruces’s right to appeal the denial of her application for writ of habeas corpus is correct
or incorrect. The State should identify and explain reasons establishing its position,
reasons supported by authority and the record. If the State determines there is no reason
why Cruces does not have a right to appeal, the response should advise this Court as to
the existence of any amended certification.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
16th day of July, 2015.
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