NUMBER 13-02-731-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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JOHN EDWARD BIRD, Appellant,
v.
THE STATE OF TEXAS, Appellee.
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On appeal from the 36th District Court of San Patricio County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Opinion Per Curiam
Appellant, JOHN EDWARD BIRD, attempts to appeal a conviction for injury to a child. 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 January 23, 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.
Appellant’s counsel failed to respond to this Court’ order, and on March 23, 2004, this appeal was abated and remanded to the trial court for a hearing to determine why counsel has failed to comply with this Court’s order. The trial court’s findings and recommendations were received on April 2, 2004. The appellant’s attorney appeared before the trial court, and the trial court found that the defendant had no right of 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Do not publish.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 22nd day of April, 2004.