NUMBER 13-14-00646-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOEL MACARENO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the County Court at Law No. 1
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Joel Macareno, attempts to appeal a 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,” and “the defendant has waived the right of appeal.”
See TEX. R. APP. P. 25.2(a)(2).
On January 21, 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.
On January 21, 2015, this Court abated the appeal because of counsel’s failure to
respond to the order. Based on the trial court’s hearing, the trial court judge found that
appellant waived his rights and entered a plea of guilty on his own free will.
The Court, having examined and fully considered the record before the Court,
concludes that appellant has not established: (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. See TEX.
R. APP. P. 25.2(d), 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Do not publish.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
19th day of March, 2015.
2
Joel MacAreno v. State
Combined Opinion