NUMBER 13-12-00225-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
LUIS GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 357th District Court
of Cameron County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Perkes
Memorandum Opinion Per Curiam
Appellant, Luis Garcia, attempts to appeal his conviction for driving while
intoxicated. 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 August 20, 2012, 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.
Appellant’s counsel failed respond to the order and on October 16, 2012, this
Court abated the appeal and remanded to the trial court for a hearing to determine why
counsel failed to comply with this Court's order. The trial court held a hearing on
November 28, 2012. Counsel’s statements at the hearing do not establish that the
certification currently on file with this Court is incorrect or that appellant otherwise has a
right to appeal. On June 24, 2013, the trial court issued an order stating that appellant
entered into an agreed plea bargain, was sentenced to the terms of the plea agreement,
and does not have the right to appeal. Accordingly, this case is hereby 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. Any pending motions are dismissed as moot.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
25th day of July, 2013.
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