Maicela Pecina Camacho v. State

 

 



NUMBER 13-04-444-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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MAICELA PECINA CAMACHO A/K/A

MARICELA PECINA CAMACHO,                                         Appellant,


v.


THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 105th District Court of Kleberg County, Texas.

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MEMORANDUM OPINION


Before Justices Hinojosa, Rodriguez, and Castillo

Memorandum Opinion Per Curiam


         Appellant, MAICELA PECINA CAMACHO A/K/A MARICELA PECINA CAMACHO, attempts to appeal a conviction for possession or marihuana. The trial court has certified that “the defendant has waived the right of appeal.” See Tex. R. App. P. 25.2(a)(2).

         On September 2, 2004, 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 October 13, 2004, counsel filed a letter brief with this Court. Counsel’s response fails to establish either that the certification currently on file with this Court is 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, this appeal is dismissed. Any pending motions are denied as moot.


                                                                        PER CURIAM

 

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this the 28th day of October, 2004.