NUMBER 13-13-00623-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE TORRES JR. A/K/A JOSE TORRES, 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. a/k/a Jose Torres, attempts to appeal his conviction for
aggravated assault. The clerk’s record was filed on January 2, 2014 and does not
contain a trial court certification. See TEX. R. APP. P. 25.2(a)(2). The Court was advised
that counsel was retained to represent appellant in the trial court but was not retained to
represent appellant on appeal.
On February 27, 2014, 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 court-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Do not publish.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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