NUMBER 13-15-00131-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JESSE GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 319th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Jesse Garcia, attempts to appeal his conviction for possession of a
controlled substance. 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 25, 2015, 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 responded that he needed to review
the reporter’s record and this appeal was abated by this Court on May 5, 2015.
On May 18, 2015, counsel filed a letter brief with this Court. Accordingly, this case
is hereby REINSTATED. Counsel’s response does not establish 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.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
21st day of May, 2015.
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