NUMBER 13-03-064-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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STEPHEN A. SCALES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
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On appeal from the 337th District Court of Harris County, Texas.
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MEMORANDUM OPINION
Before Justices Rodriguez, Castillo, and Garza
Memorandum Opinion Per Curiam
Appellant, STEPHEN A. SCALES, attempts to appeal a conviction for indecency with 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 26, 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.
Counsel failed to respond to this Court’s order, and on March 25, 2004, the appeal was abated and the matter was referred to the trial court for further proceedings. The record of these proceedings was received on May 10, 2004. The record of the proceedings below 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Do not publish.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 26th day of May, 2005.