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NUMBER 13-05-472-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
__________________________________________________________________
CHARLES EUGENE HORN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
__________________________________________________________________
On appeal from the 179th District Court
of Harris County, Texas.
__________________________________________________________________
MEMORANDUM OPINION
Before Justices Hinojosa, Yañez, and Garza
Memorandum Opinion Per Curiam
Appellant, CHARLES EUGENE HORN, attempts to appeal a conviction for possession of a controlled substance. The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal.@ See Tex. R. App. P. 25.2(a)(2).
On August 2, 2005, 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 August 24, 2005, 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Do not publish.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).
Memorandum Opinion delivered and filed this
the 8th day of September, 2005.