NUMBER 13-12-00528-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MICHAEL GILLUM, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 117th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Vela
Memorandum Opinion Per Curiam
Appellant, Michael Gillum, attempts to appeal his conviction for theft. 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 21, 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.
On September 13, 2012, counsel filed a letter brief with this Court. Counsel’s
response does not establish that the certification currently on file with this Court is
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, this
appeal is DISMISSED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
4th day of October, 2012.
2