NUMBERS
13-13-00621-CR
13-13-00622-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GERARDO CANO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 390th District Court
of Travis County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam
Appellant, Gerardo Cano, attempts to appeal a conviction for the third degree
felony offense of assault with bodily injury, enhanced, arising from trial court cause
number DC-13-202481 and docketed in our appellate cause number 13-13-00621-CR,
and a judgment revoking his community supervision for the second degree felony offense
of robbery, arising from trial court cause number DC-09-201749 and docketed in our
appellate cause number 13-13-00622-CR. These appeals were transferred to this Court
from the Third Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T
CODE ANN. § 22.220(a) (West Supp. 2013) (delineating the jurisdiction of appellate
courts); TEX. GOV'T CODE ANN. § 73.001 (West 2005) (granting the supreme court the
authority to transfer cases from one court of appeals to another at any time that there is
“good cause” for the transfer).
Proceeding pro se, appellant filed notices of appeal in these causes and filed a
motion requesting the appointment of counsel to prosecute his appeals. Appellant has
also filed other assorted motions pertaining to these appeals. In response to these
motions, this Court previously abated these appeals and remanded the cases to the trial
court for a determination regarding appellant’s right to counsel. Upon further review,
however, we withdraw our order as improvidently issued and we reinstate these appeals.
Specifically, our review of the clerk’s record in these causes shows that the trial court has
certified that these are “plea-bargain case[s], and the defendant has NO right of appeal,”
and has also certified in cause number 13-13-00621-CR that the “defendant has waived
the right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
On November 20, 2013, this Court notified trial appellant’s counsel of the trial
court’s certifications 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
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as to whether appellant has a right to appeal, or, alternatively, advise this Court as to the
existence of any amended certifications.
On December 11, 2013, counsel filed a letter brief with this Court. Counsel’s
response does not establish that the certifications currently on file with this Court are
incorrect or 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, these
appeals are DISMISSED. All pending motions are likewise DISMISSED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
24th day of January, 2014.
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