NUMBER 13-13-00640-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE TORRES JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 404th District Court
of Cameron County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Memorandum Opinion Per Curiam
Appellant, Jose Torres Jr., attempts to appeal his conviction for aggravated
assault. 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 November 25, 2013, 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. No response was received and this Court
abated the appeal and ordered the trial court to determine whether appellant desired to
prosecute this appeal and whether appellant is indigent and entitled to appointed counsel.
The trial court held a hearing on April 17, 2014. Appellant testified that he did not
wish to prosecute the appeal. The trial court made findings that appellant does not have
the right to appeal and recommended the appeal be denied. Accordingly, this appeal is
REINSTATED.
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Do not publish.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
22nd day of May, 2014.
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