NUMBER 13-12-00387-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
RICHARD CHARLES HORN JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of DeWitt County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Richard Charles Horn Jr., attempts to appeal his conviction for
burglary of a habitation. 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 June 13, 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 July 17, 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Do not publish. See TEX. R. APP. P. 47.2(b).
Delivered and filed the
26th day of July, 2012.
2