Omar Gerardo v. State

 
 




                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-13-00379-CR
                            ____________________

                         OMAR GERARDO, Appellant

                                          V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________               ______________

                    On Appeal from the 75th District Court
                           Liberty County, Texas
                         Trial Cause No. CR 30247
________________________________________________________               _____________

                          MEMORANDUM OPINION

      On June 14, 2013, the trial court accepted Omar Gerardo’s guilty plea to

burglary of a habitation, deferred adjudication of guilt, and signed a community

supervision order. On July 15, 2013, Gerardo filed a motion for new trial, which

the trial court denied in a written order signed on August 9, 2013. Gerardo filed a

notice of appeal on August 12, 2013.

      The trial court signed a certification in which the court certified that this is a

plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P.

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25.2(a)(2). The district clerk has provided the trial court’s certification to the Court

of Appeals.

      On March 5, 2014, we notified the parties that we would dismiss the appeal

unless the appellant established grounds for continuing the appeal. No response has

been filed. Because the trial court’s certification shows the defendant does not have

the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal.

      APPEAL DISMISSED.



                                               ________________________________
                                                       CHARLES KREGER
                                                             Justice


Opinion Delivered April 9, 2014
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.




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