Daniel Leal, Iii v. State

 

 



NUMBER 13-04-154-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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DANIEL LEAL III,                                                                         Appellant,


v.

 

THE STATE OF TEXAS,                                                     Appellee.

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On appeal from the 347th District Court of Nueces County, Texas.

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MEMORANDUM OPINION


Before Justices Hinojosa, Rodriguez, and Castillo

Opinion Per Curiam



         Appellant, DANIEL LEAL III, attempts to appeal a conviction for burglary of a habitation. 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 March 24, 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 April 19, 2004, counsel filed a letter brief with this Court. Counsel’s response does not establish (1) that the certification currently on file with this Court is 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, this appeal is dismissed. Any pending motions are denied as moot.


                                                      PER CURIAM


Do not publish. Tex. R. App. P. 47.2(b).

Opinion delivered and filed this

the 24th day of June, 2004.