NUMBER 13-14-00010-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSEPH LUNA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 94th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Longoria
Memorandum Opinion Per Curiam
Appellant, Joseph Luna, attempts to appeal a conviction for evading arrest. The
trial court has certified that “the defendant has waived the right of appeal.” See TEX. R.
APP. P. 25.2(a)(2).
On January 9, 2014, 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 23, 2014, counsel filed a letter brief with this Court. Counsel’s
response does not establish: (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. 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Do not publish.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
6th day of February, 2014.
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