TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00348-CR
Richard Ray Hale, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 65126, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Richard Ray Hale pleaded nolo contendere to the offense of aggravated
sexual assault of a child and was sentenced to twenty years’ imprisonment. This appeal followed.
Hale’s court-appointed attorney filed a motion to withdraw accompanied by a brief concluding that
the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967). In
response, the State filed a motion to dismiss, asserting that Hale had no right of appeal and that
the district court’s certification indicating otherwise was defective. Finding that the record was
inconclusive concerning whether Hale had a right of appeal, we abated the appeal and remanded
the cause to the district court for entry of an amended certification. See Hale v. State, No. 03-12-
00348-CR, 2013 Tex. App. LEXIS 1033, at *2-5 (Tex. App.—Austin Jan. 31, 2013) (per curiam)
(not designated for publication).
We have now received from the district court an amended certification confirming
that this is a plea-bargain case and that Hale has no right of appeal. Accordingly, we grant the
State’s motion and dismiss the appeal. See Tex. R. App. P. 25.2(a)(2), (d). Counsel’s motion to
withdraw is dismissed as moot.
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton and Rose
Dismissed
Filed: March 7, 2013
Do Not Publish
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